Infrastructure Planning PART 1 PRELIMINARY Citation and commencement 1 This Order may be cited as the A122 (Lower Thames Crossing) Development Consent Order 2025 and comes into force on 15th April 2025. Interpretation 2 1 In this Order— “ the 1825 Act ” means an Act for dividing and inclosing, and reducing to a Stint and improving certain unenclosed Commons and Waste Grounds and Fens, within the Manor and Parish of Orsett in the County of Essex “ the 1961 Act ” means the Land Compensation Act 1961 ; “ the 1965 Act ” means the Compulsory Purchase Act 1965 ; “ the 1968 Act ” means the Port of London Act 1968 ; “ the 1980 Act ” means the Highways Act 1980 ; “ the 1981 Act ” means the Compulsory Purchase (Vesting Declarations) Act 1981 ; “ the 1984 Act ” means the Road Traffic Regulation Act 1984 ; “ the 1990 Act ” means the Town and Country Planning Act 1990 ; “ the 1991 Act ” means the New Roads and Street Works Act 1991 ; “ the 2000 Act ” means the Transport Act 2000 ; “ the 2004 Act ” means the Traffic Management Act 2004 ; “ the 2008 Act ” means the Planning Act 2008; “ the 2017 Regulations ” means the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 ; “ access ” includes passing and repassing with or without plant and vehicles and accessing land in the Order land from streets or other parts of Order land; “ address ” includes any number or address for the purpose of electronic transmission; “ affected person ” has the same meaning as in section 59(4) (notice of persons interested in land to which compulsory acquisition request relates) of the 2008 Act; “ apparatus ” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act; “ authorised development ” means the development described in Part 1 (authorised works) of Schedule 1 (authorised development) and any other development authorised by this Order, or any part of it, which is development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act; “ authorised person ” means– a person acting in the course of that person’s duties who— is an employee, agent, contractor or sub-contractor of the undertaker; or is authorised by the undertaker to exercise one or more of its functions under this Order; or a person acting in the execution of that person’s duties in the tunnel, who is— a constable; a Police Community Support Officer; an officer of the Driver and Vehicle Standards Agency; an officer of the Health and Safety Executive; a 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; a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002; or a traffic officer. “ begin ” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development including preliminary works (as defined in Schedule 2 to this Order), and “begun” and “beginning” are to be construed accordingly; “ the book of reference ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the book of reference for the purposes of this Order; “ bridleway ” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act; “ building ” includes any structure or erection or any part of a building, structure or erection; “ business day ” means a day other than 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; “ carriageway ” has the same meaning as in section 329(1) of the 1980 Act; “ the classification of roads plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the classification of roads plan for the purposes of this Order; “ the Crown land plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the Crown land plans for the purposes of this Order; “ cycle track ” has the same meaning as in section 329(1) of the 1980 Act; “ electronic transmission ” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form; and in this definition “ electronic communications network ” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003; “ the engineering drawings and sections ” means the document of that description listed in Schedule 16 certified by the Secretary of State as the engineering drawings and sections for the purposes of this Order; “ environmental statement ” means— the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the environmental statement for the purposes of this Order; and the environmental statement addendum listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the environmental statement addendum for the purposes of this Order; “ flood risk activity ” has the same meaning as in regulation 2 (interpretation: general) of the Environmental Permitting (England and Wales) Regulations 2016 ; “ footway ” and “ footpath ” have the same meaning as in section 329(1) of the 1980 Act; “ highway ” has the same meaning as in section 328(1) (meaning of “ highway ”) of the 1980 Act; “highway authority” and “ local highway authority ” (respectively) have the same meaning as in sections 1 (highway authorities: general provision) and 329(1) of the 1980 Act; “ horse-riding track ” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say on horseback or leading a horse; “ the land plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the land plans for the purposes of this Order; “ limits of deviation ” means the limits of deviation referred to in article 6 (limits of deviation); “ maintain ” includes, in relation any part of the authorised development to, inspect, repair, adjust, alter, improve, landscape, preserve, remove, reconstruct, refurbish or replace, 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; “ MMO ” means the Marine Management Organisation; “ Order land ” means the land shown on the land plans which is within the limits of land to be acquired permanently or used permanently or temporarily, and described in the book of reference; “ the Order limits ” means the limits of lands to be acquired permanently or used permanently or temporarily as shown on the land plans and works plans within which the authorised development may be carried out; “ outline LEMP ” means the outline landscape and ecology management plan listed in Schedule 16 (documents to be certified) and certified by the Secretary of State, and which is the first iteration of the landscape and ecology management plan; “ overhead lines ” includes associated apparatus which is installed for the purposes of its maintenance or operation; “owner”— in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981; in relation to a motor vehicle means the person in whose name a vehicle is registered under the Vehicle Excise and Registration Act 1994 ; and in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; “ permit scheme ” means any scheme made under Part 3 of the 2004 Act in force at the date on which this Order is made; “ PLA ” means the Port of London Authority; “ relevant local highway authority ” means in any given provision of this Order, the highway authority for the area to which the provision relates; “ relevant planning authority ” means in any given provision of this Order, the planning authority for the area to which the provision relates; “ relevant traffic authority ” means in any given provision of this Order, the traffic authority for the area to which the provision relates; “ rights of way and access plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the rights of way and access plans for the purposes of this Order; “ river restrictions plan ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the river restrictions plan for the purposes of this Order; “SACR” mean the Stakeholder Actions and Commitments Register referred to in article 61 (SACR); “ the special category land plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the special category land plans for the purposes of this Order; “ special road ” has the same meaning as in section 329(1) of the 1980 Act; “ statutory undertaker ” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act; “ street ” means a street within the meaning of section 48 (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 section 49 (the street authority and other relevant authorities) of the 1991 Act; “ streets subject to temporary restrictions of use plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the streets subject to temporary restrictions of use plans for the purposes of this Order; “ traffic authority ” has the same meaning as in section 121A (traffic authorities) of the 1984 Act; “ traffic officer ” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act; “ the traffic regulation measures plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the traffic regulation measures plans for the purposes of this Order; “ the tribunal ” means the Lands Chamber of the Upper Tribunal; “ trunk road ” means a highway which is a trunk road by virtue of— section 10 (general provision as to trunk roads) or 19(1) (provisions as to trunk roads) of the 1980 Act; an order or direction under section 10 of that Act; or an order granting development consent; or any other enactment; “ the tunnel area plan ” means the plan of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the tunnel area plan for the purposes of this Order; “ the tunnel ” means the tunnel to be constructed under the river Thames and shown as a solid blue line on the tunnel area plan; “ the tunnel approaches ” means the southern and northern approaches to the tunnel between the barrier gantries and the portals, the extent of which is shown by dashed blue lines on the tunnel area plan; “ the tunnel area ” means the extent of the public highway to be comprised in and along the tunnels and the tunnel approaches; “ tunnel limits of deviation plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the tunnel limits of deviation plans for the purposes of this Order; “ undertaker ” means National Highways Limited (Company No. 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ; “ watercourse ” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, winterbournes, sewers and passages through which water flows except a public sewer or drain; and “ the works plans ” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the works plans for the purposes of this Order. 2 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 interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land. 3 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. 4 References in this Order to the creation and acquisition of rights over land includes references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the direction of the undertaker, either— a to an affected person directly, where that person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or b to any statutory undertaker for the purposes of their undertaking. 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 plans to which the reference relates. 7 References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development). 8 References to any registered company listed in article 8 (consent to transfer benefit of Order) includes that body’s or that company’s successor bodies from time to time. 9 In this Order, the expression “ includes ” is to be construed without limitation. 10 In this Order, references to materially new or materially different environmental effects in comparison with those reported in the environmental statement must not be construed so as to include the avoidance, removal or reduction of an adverse environmental effect or positive environmental effect, or the increase of an assessed positive environmental effect, that was reported in the environmental statement as a result of the authorised development. PART 2 PRINCIPAL POWERS Development consent, etc. granted by the Order 3 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 and operated. 2 Without limitation to paragraph (1), the undertaker is authorised to carry out the works specified in columns (2) and (3) of Part 2 of Schedule 1 (scheduled monuments) in relation to the scheduled monuments specified in column (1) of that Schedule. 3 Subject to paragraph (4), 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. 4 Except as provided for in article 53 (disapplication of legislative provisions, etc.) and article 55 (application of local legislation, etc.), paragraph (3) does not apply to the 1968 Act, the Port of Tilbury Transfer Scheme 1991, the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 and the Port of Tilbury (Expansion) Order 2019 or any byelaws, general directions or specific directions having effect, made or given under those enactments. Maintenance of authorised development 4 The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise. Maintenance of drainage works 5 1 Subject to the provisions of Schedule 14 (protective provisions), nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible. 2 In this article “ drainage ” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991. Limits of deviation 6 1 In carrying out the authorised development the undertaker may— a subject to sub-paragraph (b) and (c), deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; b construct the tunnel portal structures, approach ramps, tunnel service buildings and ground protection tunnel (comprised in Works Nos. 3A, 3C, 4A, 5A, and 4B), within the limits shown on the tunnel limits of deviation plans; and c construct the tunnel within the lateral limits of deviation shown on the tunnel limits of deviation plans. 2 In carrying out the authorised development the undertaker may— a subject to sub-paragraphs (b) to (p), deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 0.5 metre upwards or 1 metre downwards; b in respect of Works Nos. OSC4(a) and OSC5(a), deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 2 metre upwards or 2 metre downwards; c in respect of Works Nos. OSC4(b) and OSC5(b) deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 5 metre upwards or 5 metre downwards; d in respect of Works Nos. G1b, G3 and G4 deviate— i vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and ii vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 25 metres below the surface of the ground; e in respect of Works Nos. G1a, G2, G5, G6, G6b, G7, G10 and TFGP1 deviate— i vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and ii vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 15 metres below the surface of the ground; f in respect of Works Nos. OH1, OH3 to OH8 deviate vertically— i to any extent not exceeding 6 meters upwards from the design height shown on the engineering drawings and sections; and ii to any extent downwards as may be found to be necessary or convenient; g in respect of Works Nos. OHT1 to OHT8 deviate vertically— i to any extent not exceeding the height described in Schedule 1; and ii to any extent downwards as may be found to be necessary or convenient; h in respect of the underground multi-utility works comprised in Works Nos. MU1 to MU92, deviate vertically— i upwards to a limit of not less than 0.25 metres below the surface of the ground; and ii downwards to such extent as may be found necessary or convenient; i in respect of the underground multi-utility works comprised in Work Nos. MUT1 to MUT4, MUT6 to MUT32 deviate vertically— i upwards to a limit of not less than 0.25 metres below the surface of the ground; and ii downwards to such extent as may be found necessary or convenient; j construct the above ground substations comprised in Works Nos. MU1, MU11, MU13, MU14, MU33, MU36, MU41, MU48, MU49, MU52, MU43, and MU45 (annotated as SS1 to SS15) up to a maximum height of 3 metres; k construct the above ground compound comprised in Work No. MU21 up to a maximum height of 6.7 metres; l construct the above ground poles comprised in Works Nos. MU87 and MU92 up to a maximum height of 12m; m construct the above ground substation comprised in Work No. MUT5 up to a maximum height of 8 metres; n construct Work No. G6a up to a maximum height of 2.9 metres; o subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical downward limits of deviation shown on the tunnel limits of deviation plans; and p subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical upward limits of deviation shown on the tunnel limits of deviation plans. 3 The maximum limits of deviation set out in paragraph (1) and (2)(a) to (o) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation by the undertaker— a with the relevant planning authority on matters related to their functions; and b in respect of the authorised development comprising highways other than a special road or a trunk road, consultation by the undertaker with the relevant local highway authority on matters relevant to their functions, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. 4 Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the Secretary of State for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule. Benefit of Order 7 1 Subject to paragraph (2) and article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker. 2 Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development. Consent to transfer benefit of Order 8 1 Subject to paragraph (4), the undertaker may with the written consent of the Secretary of State— a transfer to another person (“ the transferee ”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or b grant to another person (“ the lessee ”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed. 2 Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes references to the transferee or the lessee. 3 The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker and, for those purposes, references to National Highways Limited in any document certified by the Secretary of State for the purposes of this Order are to be construed as references to a transferee or lessee under paragraph (1) in the appropriate contexts to ensure such restrictions, liabilities and obligations apply. 4 The consent of the Secretary of State is not required under this article where the transfer or grant of any or all of the benefits of the provisions and such related statutory rights as may be agreed (excluding any liability to pay compensation in respect of the acquisition of land or rights which remains with the undertaker) is made to the following bodies in respect of works relating to their undertaking— a Anglian Water Services Limited (company number 02366656, whose office is at Lancaster House Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU) in respect of Works Nos. MU27, MU30, MU32, MU34, MU36, MU38, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU56, MU57, MU58, MU60, MU66, MU69, MU79, MU83, MUT8, MUT9, MUT12, MUT18, MUT20, MUT21, MUT22, MUT23, MUT27, MUT28, MUT29, or MUT32; b Cadent Gas Limited (company number 10080864, whose registered office is at Pilot Way, Ansty, Coventry, England, CV7 9JU) (or a related subsidiary company) in respect of Works Nos. G5, G6, G6a, G6b, G7, G10, MU35, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU60, MU61, MU62, MU64, MU66, MU69, MU71, MU76, MU79, MU88, MU89, MU90, MU91, MUT11, MUT30, ULH01, ULH02, ULH05, ULH06, or ULH10; c Essex and Suffolk Water Limited (company number 02635436, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ) in respect of Works Nos. MU27, MU29, MU35, MU36, MU37, MU40, MU42, MU43, MU44, MU46, MU47, MU51, MU55, MU60, MU66, MU69, MU72, MU76, MU77, MU79, MU91, MUT6, MUT9, MUT15, MUT17, MUT20, MUT21, MUT22, MUT23, MUT24, MUT27, MUT29, MUT30, MUT31, or MUT32; d HS1 Limited (company number 03539665, whose registered office is at 5th Floor, Kings Place, 90 York Way, London, England, N1 9AG) in respect of Works Nos. 2E, MU3, MU5, MU6, MU8, MU9; OH1, or OHT1; e National Grid Electricity Transmission Plc (company number 02366977, whose registered office is at 1-3 Strand, London, WC2N 5EH) in respect of Works Nos. OH1, OH4, OH6, OH7, OHT1, OHT2, OHT4, OHT5, OHT6, OHT7, OHT8, ULH04, ULH07, ULH08, ULH09, ULH11, ULH12, or ULH15; f National Gas Transmission Plc (company number 02006000, whose registered office is at National Grid House, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DA) in respect of Works Nos. G2, G3, G4, ULH13, or ULH14; g Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, United Kingdom, SE1 8SW) in respect of Works Nos. 4B,5C, 9D, 9E, 9M, MU28, MU29, MU72, MU73, MU75, MU76, MUT6, MUT8, OH4, or OHT2; h Southern Gas Networks Plc (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ) in respect of Works Nos. G1a, G1b, MU5, MU16, MU20, MU22, MU23, or ULH16; i Southern Water Limited (company number 02366620, whose registered office is at Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX) in respect of Works Nos. MU2, MU4, MU5, MU8, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU24, MU26, MUT1, or MUT3; j Thames Water Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) in respect of Works Nos. MU76, MUT30, or MUT31; k UK Power Networks Holdings Limited (company number 7290590, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP) in respect of Works Nos. OH2, OH3, OH5, OH8, OHT3, MU1, MU5, MU6, MU7, MU9, MU10, MU11, MU12, MU13, MU14, MU15, MU16, MU17, MU18, MU19, MU20, MU21, MU22, MU25, MU27, MU28, MU30, MU31, MU33, MU35, MU36, MU39, MU40, MU41, MU42, MU43, MU44, MU45, MU47, MU48, MU49, MU50, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU59, MU60, MU62, MU63, MU65, MU66, MU67, MU68, MU69, MU70, MU73, MU74, MU75, MU76, MU77, MU78, MU80, MU81, MU82, MU84, MU85, MU86, MU87, MU91, MU92, MUT1, MUT2, MUT3, MUT4, MUT5, MUT7, MUT10, MUT13, MUT14, MUT16, MUT19, MUT20, MUT21, MUT25, MUT26, MUT29, MUT30, MUT31, or MUT32; l Airwave Solutions Limited (company number 03985643, whose registered office is at Nova South, 160 Victoria Street, London, United Kingdom, SW1E 5LB) in respect of Work No. MU10; m British Telecommunications Plc (company number 01800000, whose registered office is at 1 Braham Street, London, United Kingdom, E1 8EE) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT19, or MUT30; n Openreach Limited (company number 10690039, whose registered office is at Kelvin House, 123 Judd Street, London, WC1H 9NP) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT3, MUT9, MUT15, MUT17, MUT19, MUT20, MUT21, MUT22, MUT27, MUT29, MUT30, MUT31, or MUT32; o Virgin Media Limited (company number 02591237, whose registered office is at 500 Brook Drive, Reading, United Kingdom, RG2 6UU) in respect of Works Nos. MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MUT1, or MUT4; p Vodafone Limited (company number 01471587, whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN) in respect of MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MU80, MU85, MU88, MU89, MU90, MU91, or MUT1; q Lumen Technologies UK Limited (company number 02495998, whose registered office is at 260-266 Goswell Road, London, England, EC1V 7EB) in respect of MU39, MU40, MU47, MU54, MU60, or MUT20; r Cellnex UK Limited (company number 05153745, whose registered office is at R+, 4th Floor, 2 Blagrave Street, Reading, United Kingdom, RG1 1AZ) in respect of MU10, MU27, MU39, MU40, or MU87; s Verizon UK Limited (company number 02776038, whose registered office is at Reading International Business Park, Basingstoke Road, Reading, Berkshire, RG2 6DA) in respect of Works Nos. MU39, MU40, MU47, MU54, MU60, or MUT20; t Zayo Group UK Limited (company number 03726666, whose registered office is at 100 New Bridge Street, London, England, EC4V 6JA) in respect of MU47, MU51, MU52, MU54, MU60, or MUT20; u GTT – EMEA Ltd (company number 03580993, whose registered office is at 3rd Floor New Castle House, Castle Boulevard, Nottingham, United Kingdom, NG7 1FT) in respect of Works Nos. MU39, MU40, MU42, MU47, MU54, MU60, MU85, or MUT20; v EUNetworks Fiber UK Limited (company number 04840874, whose registered office is at 5 Churchill Place, London, England, E14 5HU) in respect of Work No. MU80; w NextGenAccess Ltd (company number 08689426, whose registered office is at 6600 Cinnabar Court, Daresbury Park, Daresbury, Warrington, England, WA4 4GE) in respect of Works Nos. MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, or MUT20; x Port of Tilbury London Limited (company number 02876001, whose registered office is at Leslie Ford House, Tilbury, Essex, RM18 7EH) in respect of Works Nos. MU27, MU28, MUT4, or MUT5; and y Thurrock Flexible Generation Limited (company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP) in respect of Work No. TFGP1. 5 Without limitation on paragraph (4), the consent of the Secretary of State under this article is not required where the powers of article 28(1) (compulsory acquisition of rights and imposition of restrictive covenants) are, with the consent of the undertaker given under article 28(3), proposed to be exercised by a statutory undertaker rather than by the undertaker. 6 References to a registered company named in paragraph (4) are to include any associated company carrying out the same undertaking, and for the purpose of this article “ associated company ” means any company which is— a the holding company or a subsidiary of a company named in paragraph (4); or b another subsidiary of the holding company of a company named in paragraph (4), within the meaning of section 1159 of the Companies Act 2006 . 7 The Secretary of State must consult the MMO before giving consent under paragraph (1) to the transfer or grant to another person of the benefit of the provisions of the deemed marine licence. 8 References to Works Nos. in paragraph (4) are to be construed so as to include the ancillary works (as set out in Schedule 1 to this Order). PART 3 STREETS Application of the 1991 Act 9 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) (highway authorities, highways and related 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 (dual carriageways and roundabouts) of the 1980 Act or section 184 (vehicle crossings over footways and verges) of that Act. 2 In Part 3 (street works in England and Wales) of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker. 3 The following provisions of the 1991 Act (including any equivalent or modified provision in any permit scheme) do not apply in relation to any works executed under or related to the powers conferred by this Order— section 56 (power to give directions as to timing of street works) ; section 56A (power to give directions as to placing of apparatus) ; section 58 (restrictions on works 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 (restrictions 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 closure, alteration, diversion or restriction of use of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), whether or not the closure, alteration, diversion or restriction constitutes street works within the meaning of that Act. 5 The provisions of the 1991 Act referred to in paragraph (4) are— section 54 (advance notice of certain works) , subject to paragraph (6); section 55 (notice of starting date of works) , subject to paragraph (6); section 57 (notice of emergency works) ; section 59 (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 closure, alteration, diversion or restriction (as the case may be) required in a case of emergency. 7 Nothing in article 10 (construction and maintenance of new, altered or diverted streets and other structures)— a affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act; b means that the undertaker 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 c has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of Part 3 (street works in England and Wales) of the 1991 Act apply. 8 Subject to paragraphs (3) and (9), permit schemes will apply to the construction and maintenance of the authorised development and will be used by the undertaker in connection with the exercise of the powers conferred by this Order. 9 For the purposes of the authorised development, a permit under a permit scheme may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order. 10 Any order made by the Secretary of State under section 74A(2) (charge determined by reference to duration of works) of the 1991 Act for the purposes of the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 will not have effect in relation to the construction or maintenance of the authorised development. Construction and maintenance of new, altered or diverted streets and other structures 10 1 Subject to paragraphs (3) and (4), any highway (other than a trunk road or a special road) to be constructed under this Order must be completed to the reasonable satisfaction of the relevant local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the relevant local highway authority, the highway, including any culverts or other structures laid under it, must be maintained by and at the expense of the relevant local highway authority from its completion. 2 Subject to paragraphs (3) and (4), where a highway (other than a trunk road or special road) is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the relevant local highway authority and, unless otherwise agreed in writing with the relevant local highway authority, that part of the highway, including any culverts or other structures laid under it, be maintained by and at the expense of the relevant local highway authority from its completion. 3 In the case of a bridge constructed under this Order to carry a highway (other than a trunk road or special road) over a trunk road or special road— a the highway surface (being those elements over the waterproofing membrane) must, unless otherwise agreed in writing with the local planning authority, from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority) be maintained by and at the expense of the relevant local highway authority; and b the remainder of the bridge, including the waterproofing membrane and structure below, must be maintained from its completion by and at the expense of the undertaker. 4 In the case of any other bridge constructed under this Order to carry a highway (other than a trunk road or special road), both the highway surface (being those elements over the waterproofing membrane) and the remainder of the bridge must, unless otherwise agreed in writing with the relevant local highway authority, be maintained by and at the expense of the relevant local highway authority from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority). 5 Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, and unless otherwise agreed in writing with the street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority. 6 In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street or structure 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 the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street or structure to which the action relates was not dangerous to traffic. 7 For the purposes of a defence under paragraph (6), the court must in particular have regard to the following matters— a the character of the street or structure and the traffic which was reasonably to be expected to use it; b the standard of maintenance appropriate for a street or structure 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 or structure; d whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street or structure to which the action relates was likely to cause danger to users of the street or structure; and e where the undertaker could not reasonably have been expected to repair that part of the street or structure 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 the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street or structure to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street or structure and that the competent person had carried out those instructions. 8 Unless otherwise agreed with the relevant local highway authority, where the highway (including the surface of the highway) comprised in Works Nos. 1D, 1H, 3B, 6B, 6C, 7M, and 8D are to be maintained by and at the expense of the relevant local highway authority under this article, the planting and vegetation on either side of that highway must be maintained by the undertaker in accordance with paragraph 5 of Schedule 2 to this Order. Access to works 11 The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve (which includes altering) existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development. Temporary closure, alteration, diversion and restriction of use of streets 12 1 The undertaker, during and for the purposes of carrying out the authorised development, may temporarily close, alter, divert or restrict the use of any street or private means of access and may for any reasonable time— a divert the traffic from the street or private means of access; and b subject to paragraph (3), prevent all persons from passing along the street or private means of access. 2 Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily closed, altered, diverted or restricted under the powers conferred by this article and which is within the Order limits as a temporary working site. 3 The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or private means of access affected by the temporary closure, alteration, diversion or restriction of a street or private means of access under this article if there would otherwise be no such access. 4 Without limitation on the generality of paragraph (1), the undertaker may temporarily close, alter, divert or restrict the use of the streets or private means of access specified in column (1) of Schedule 3 (temporary closure, alteration, diversion and restriction of use of streets and private means of access) to the extent specified by reference to the letters and numbers shown on the streets subject to temporary restrictions of use plans, in column (2) of that Schedule, and may provide a temporary diversion. 5 Save as to streets in respect of which the undertaker is the street authority, the undertaker must not temporarily close, alter, divert or restrict the use of— a any street specified as mentioned in paragraph (4) without first consulting the street authority; and b any other street without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed. 6 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, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 7 Where the undertaker provides a temporary diversion under paragraph (4), the new or temporary alternative route is not required to be of a higher standard than the temporarily closed, altered, diverted or restricted street or private means of access specified in column (2) of Schedule 3 but it must be suitable for use by the same type of traffic as uses that street or private means of access unless otherwise agreed with the street authority. 8 If a street authority which receives an application for consent under paragraph (5)(b) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was received it is deemed to have granted consent provided the application includes the statement required under paragraph (9). 9 Any application for consent under paragraph (5)(b) must include a statement that the provisions of paragraph (8) apply to that application. Use of private roads for construction 13 1 The undertaker 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 The undertaker 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 as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Permanent stopping up of streets and private means of access 14 1 Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in column (1) of Parts 1 to 4 of Schedule 4 (permanent stopping up of streets and private means of access) to the extent specified and described in column (2) of that Schedule. 2 No street or private means of access specified in column (1) of Parts 1 and 3 of Schedule 4 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 (3) of those Parts 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 the undertaker, 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 column (1) of Parts 2 or 4 of Schedule 4 is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all 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 the undertaker is in possession of the land; or b there is no right of access to the land from the street or private means of access concerned; or 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 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 the undertaker 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 the undertaker. 6 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, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 7 This article is subject to article 38 (apparatus and rights of statutory undertakers in stopped up streets). Classification of roads, etc. 15 1 From the date on which the roads and public rights of way described in Parts 1 to 6 of Schedule 5 (classification of roads, etc.) are completed and open for traffic— a the roads described in Part 1 (special roads) are to be— i special roads for the purpose of any enactment or instrument which refers to highways classified as special roads; ii trunk roads for the purpose of any enactment or instrument which refers to highways classified as trunk roads; and iii provided for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 5 to the 1980 Act; b the roads described in Part 2 (trunk roads) of Schedule 5 are to become trunk roads as if they had become so by virtue of an order under section 10(2) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads; c the roads described in Part 3 (GLA roads) of Schedule 5 are GLA Roads as if they had become so by virtue of an order under section 14B (order of the authority changing what are GLA roads) of the 1980 Act specifying that date as the date on which they were to become GLA roads; d the roads described in Part 4 (classified roads) of Schedule 5 are to become classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act; e the roads described in Part 5 (unclassified roads) of Schedule 5 are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads; and f the public rights of way and permissive paths described in Part 6 (other public rights of way and permissive paths) of Schedule 5 will be of the type described in column (1) to the extent described in column (2) unless otherwise agreed with the relevant local highway authority. 2 From the date that the roads described in— a Part 1 (special roads) and Part 2 (trunk roads) of Schedule 5 have been completed and are open for traffic, the undertaker is the highway authority for those roads; and b Part 3 (GLA Roads) of Schedule 5 have been completed and are open for traffic, Transport for London is the highway authority for those roads. 3 Subject to paragraph (4) the undertaker may vary the classification of— a any trunk road referred to in paragraph (1)(b) so that it is classified as a special road under paragraph (1)(a); or b any special road referred to in paragraph (1)(a) so that it is classified as a trunk road under paragraph (1)(b). 4 The undertaker must not exercise the powers conferred by paragraph (3) unless the undertaker has— a given not less than 4 weeks’ notice in writing of the undertaker’s intention so to do to the chief officer of police and to the relevant local highway authority in whose area the road is situated; and b published a notice, declaring the date on which that road or part of it is to be classified, not less than 7 days before that date, in at least one local newspaper circulating in the area in which the road or, as the case may be, the relevant part of it is situated and in the London Gazette. 5 Before exercising the powers conferred by paragraph (3) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person. 6 Notwithstanding Schedule 1, the application of paragraphs (1) to (3) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters. 7 In this article, “ GLA road ” has the same meaning as in section 14D(1) (construction of provisions relating to GLD roads) of the 1980 Act. Clearways, speed limits and prohibitions 16 1 From any such days as the undertaker may determine— a no person is to drive any vehicle at a speed exceeding the limit in miles per hour specified in column (2) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) along the lengths of road identified in the corresponding row of column (1) of that Part; b no person is to drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a variable message sign (paragraphs (4) and (5) make further provision in respect of variable speed limits); c the restrictions specified in column (2) of Part 2 (clearways and other restrictions) of Schedule 6 are to apply to the lengths of road identified in the corresponding row of column (1) of that Part except upon the direction of, or with the permission of, a constable or traffic officer in uniform; and d the orders specified in column (2) of Part 3 (variations of existing traffic regulation orders) of Schedule 6 are to be varied or revoked as specified in the corresponding row of column (3) of that Part in respect of the lengths of roads specified in the corresponding row of column (1) of that Part, except that no speed limit imposed by or under paragraph (1)(a) or (b) applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those regulations. 2 Nothing in paragraph (1)(c) applies— a to render it unlawful to cause or permit a vehicle to stop or wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with— i the removal of any obstruction to traffic; ii the maintenance, improvement, reconstruction or operation of the road; iii the laying, erection, maintenance, or renewal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code) to the Communications Act 2003; or iv any building operation or demolition; b in relation to a vehicle being used— i for police, ambulance, fire and rescue authority or traffic officer purposes; ii in the service of a local planning authority or highway authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties; iii in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991 ; or iv by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services (Universal Postal Service) Order 2012 ; or c in relation to a vehicle waiting when the person in control of it is— i required by law to stop; ii obliged to stop in order to avoid an accident; or iii prevented from proceeding by circumstances outside the person’s control. 3 No person is to cause or permit any vehicle to stop or wait on any part of the roads described in Part 2 (trunk roads) of Schedule 5 for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed. 4 In relation to those sections of road identified in column (1) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) as being subject to a variable speed limit in column (2) of that Part, a vehicle will be subject to the speed limit shown on a variable messaging sign provided that vehicle has not subsequently passed— a another speed limit sign indicating a different speed limit; or b a traffic sign which indicates that the national speed limit is in force. 5 The speed limit indicated by a variable messaging sign is the speed shown at the time the vehicle passes the sign, or— a if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign; or b if, no speed limit is shown by the sign ten seconds before the vehicle passed the sign, the national speed limit. 6 Paragraphs (1) to (5) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders. 7 In this article— “ a traffic sign which indicates that the national speed limit is in force ” means a traffic sign of the type shown in diagram 671 in Part 2 (signs and road markings indicating speed limits) of Schedule 10 (signs for speed limits)to those Regulations and General Directions; “ national speed limit ” has the meaning given by Schedule 1 (definitions) to the Traffic Signs Regulations and General Directions 2016; “ road ” includes the adjacent hard shoulder and verge; “ speed limit sign ” means a traffic sign of the type shown in diagram 670 in Part 2 of Schedule 10 or diagram 6001 in Part 2 (matrix signs and light signals for motorways and all-purpose dual carriageway roads) of Schedule 15 (matrix signs and light signals for the control of moving traffic on motorways and dual carriageway roads) to the Traffic Signs Regulations and General Directions 2016 which is— placed on or near a road; and directed at traffic on the carriageway on which the vehicle is being driven; and “ variable message sign ” has the meaning given by Schedule 1 (definitions) to the Traffic Signs Regulations and General Directions 2016. Traffic regulation – local roads 17 1 This article applies to roads in respect of which the undertaker is not the traffic authority. 2 Subject to the provisions of this article, and, the consent of the relevant traffic authority in whose area the road concerned is situated, which must not be unreasonably withheld or delayed, the undertaker may, for the purposes 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, restrict, regulate 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 the undertaker. 3 The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 24 months from the opening of the last part of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period. 4 The undertaker must consult the chief officer of police and the relevant traffic authority in whose area the road is situated before complying with the provisions of paragraph (5). 5 The undertaker must not exercise the powers conferred by paragraph (2) unless it has— a given not less than— i 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or ii except in a case of emergency, 4 weeks’ notice in writing of its 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 relevant traffic authority in whose area the road is situated; and b advertised its intention in such manner as the relevant traffic authority may specify in writing within 28 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii). 6 Any prohibition, restriction or other provision made by the undertaker under paragraph (2)— a has effect as if duly made by, as the case may be– i the relevant 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; and b is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act. 7 Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development. 8 Before exercising the powers conferred by paragraph (2) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person. 9 Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act. 10 The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road. 11 If the relevant traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent provided the application includes the statement required under paragraph (12). 12 Any application for consent under paragraph (2) must include a statement that the provisions of paragraph (11) apply to that application. PART 4 SUPPLEMENTAL POWERS Powers in relation to relevant navigations or watercourses 18 1 Subject to Schedule 14 (protective provisions) the undertaker may, for the purpose of or in connection with the carrying out and maintenance of the authorised development, regardless of any interference with any private rights— a temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse; b remove or relocate any moorings so far as may be reasonably necessary for the purposes of carrying out and of maintaining the authorised development; c temporarily moor or anchor vessels and structures; d construct, place, maintain and remove temporary works and structures within the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse; and e interfere with the navigation of the relevant navigation or watercourse, in such manner and to such extent as is reasonably necessary in connection with the carrying out and maintenance of the authorised development. 2 Except in the case of emergency, the undertaker must use reasonable endeavours to notify the owner of any mooring affected by the proposal to exercise the powers conferred by paragraph (1)(b) before the exercise of those powers. 3 The undertaker must pay compensation to any person entitled to compensation who suffers any loss or damage from the exercise of the powers conferred by paragraph (1). 4 Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act. 5 In this article “ relevant navigation ” means the river Thames within the Order limits or which may be affected by the authorised development. Discharge of water 19 1 Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance or use 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 the undertaker 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. 3 The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. 4 The undertaker 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, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 The undertaker must not, in carrying out or maintaining works under this article, damage or interfere with the bed or banks of any watercourse forming part of a main river. 6 The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application, that person will be deemed to have granted consent or given approval, as the case may be, provided the application includes the statement required under paragraph (8). 8 Any application for consent under paragraph (3) or approval under paragraph (4)(a) must include a statement that the provisions of paragraph (7) apply to that application. 9 Subject to article 53 (disapplication of legislative provisions, etc.), 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. 10 In this article— a “ main river ” means watercourses shown as such on the statutory main river maps held by the Environment Agency and the Department for Environment Food and Rural Affairs; b “ public sewer or drain ” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and c other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act. Protective work to land and buildings 20 1 Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any land and any building on that land which may be affected by the authorised development as the undertaker 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 land of any part of the authorised development; or b after the completion of that part of the authorised development in the vicinity of the land 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 use. 3 For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage, and place on, leave on and remove from the land and building any apparatus and equipment for use in connection with the survey. 4 For the purpose of carrying out protective works under this article the undertaker may (subject to paragraphs (5) and (6))— a enter the land and any building on that land; 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 (but not any building erected on it), and if it is reasonably required, the undertaker may take possession, or exclusive possession, of the building and any land or part thereof for the purpose of carrying out the protective works. 5 Before exercising— a a right under paragraph (1) to carry out protective works; b a right under paragraph (3) to enter any land or building on that land; c a right under paragraph (4)(a) to enter land or any building on that land ; or d a right under paragraph (4)(b) to enter land, the undertaker 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), (c) or (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 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 64 (arbitration). 7 The undertaker 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 land or 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 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, the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them. 9 Where the undertaker exercises the power under paragraph (1) in relation to a building listed under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the undertaker must, except in an emergency— a serve the notice served on owners and occupiers of a building or land under paragraph (5) on the local planning authority and Historic England; and b have due regard to any response received from the local planning authority or Historic England within the period specified in the notice under paragraph (5). 10 Subject to article 67 (no double recovery), nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act. 11 Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 12 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 (compulsory acquisition provisions) of the 2008 Act. 13 In this article “ protective works ” means— a underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to land and any building on that land 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 land or any building on that land 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 to such operation being disrupted. Authority to survey and investigate the land 21 1 The undertaker may for the purposes of the construction, operation or maintenance of the authorised development enter on any land shown within the Order limits or which may be affected by the authorised development and— a survey or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land); b without limitation on the scope of sub-paragraph (a), make any excavations, trial holes. boreholes, and other investigations in such positions on the land as the undertaker thinks fit to investigate the extent or the nature of the surface layer, subsoil, ground water, underground structures, foundations, and plant or apparatus and remove soil and water samples and discharge water from sampling operations on to the land; c without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and d 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 and boreholes. 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 and that notice must indicate the nature of the activity that the undertaker intends to carry out. 3 Any person entering land under this article on behalf of the undertaker— 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 or boreholes. 4 No trial holes or boreholes are to be made under this article— a in land located within a highway boundary without the consent of the relevant local highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld or delayed. 5 The undertaker 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, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 6 If either a relevant local highway authority or street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent— a under paragraph (4)(a) in the case of a relevant local highway authority; or b under paragraph (4)(b) in the case of a street authority, that authority will be deemed to have granted consent provided the application includes the statement required under paragraph (8). 7 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land pursuant to 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. 8 Any application for consent under paragraph (4) must include a statement that the provisions of paragraph (6) apply to that application. Removal of human remains 22 1 In this article “ the specified land ” means the land within the Order limits. 2 Before the undertaker carries out any development or works within the Order limits which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article. 3 Subject to paragraph (14), before any such remains are removed from the specified land the undertaker must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by— a publishing a notice once in each of two successive weeks in a newspaper circulating in the relevant area of the authorised project; and b displaying a notice in a conspicuous place on or near to the specified land. 4 As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker must send a copy of the notice to the relevant local planning authority. 5 At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains. 6 Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be— a removed and re-interred in any burial ground or cemetery in which burials may legally take place; or b removed to, and cremated in, any crematorium, and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11). 7 The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article. 8 If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application. 9 If— a within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or b such notice is given and no application is made under paragraph (8) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or c within 56 days after any order is made by the county court under paragraph (8) any person, other than the undertaker, specified in the order fails to remove the remains; or d it is determined that the remains to which any such notice relates cannot be identified, subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be reinterred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain. 10 If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains in accordance with the terms of this article, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains. 11 On the re-interment or cremation of any remains under this article— a a certificate of re-interment or cremation is to be sent by the undertaker to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and b a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) is to be sent by the undertaker to the relevant local planning authority mentioned in paragraph (4). 12 The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State. 13 Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court. 14 No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied— a that the remains were interred more than 100 years ago; and b that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article. 15 In the case of remains in relation to which paragraph (14) applies, the undertaker— a may remove the remains; and b must apply for direction from the Secretary of State under paragraph (12) as to their subsequent treatment. 16 Nothing in this article affects the application of paragraph 9 of Schedule 2 to this Order. 17 Section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State) does not apply to a removal carried out in accordance with this article or in accordance with paragraph 9 of Schedule 2 to this Order. 18 Section 239 (use and development of burial grounds) of the 1990 Act applies— a in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and b in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, and in section 240(1) (provisions supplemental to ss. 238 and 239) of the 1990 Act reference to “ regulations made for the purposes of sections 238(3) and (4) and 239(2) ” means, so far as applicable to land or a right over land acquired under this Order, paragraphs (2) to (15) of this article, and in section 240(3) of the 1990 Act reference to a “ statutory undertaker ” includes the undertaker and reference to “ any other enactment ” includes this Order. 19 The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950 do not apply to the authorised development. 20 In this article— a references to a relative of the deceased are to a person who is a— i husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased; or ii child of a brother, sister, uncle or aunt of the deceased. b references to a personal representative of the deceased are to a person or persons who is the lawful executor of the estate of the deceased or is the lawful administrator of the estate of the deceased. Felling or lopping of trees and removal of hedgerows 23 1 The undertaker may fell or lop any tree or shrub, within or overhanging land within the Order limits, or cut back its roots, if it 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), the undertaker 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 as if it were a dispute under Part 1 of the 1961 Act. 4 The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within or overhanging land within the Order limits that is required to be removed. 5 In this article “ hedgerow ” includes a hedgerow to which the Hedgerow Regulations 1997 apply and includes important hedgerows. Trees subject to tree preservation orders 24 1 Subject to paragraph (2), the undertaker may fell or lop any tree made subject to a tree preservation described in Schedule 7 (trees subject to tree preservation orders) or cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule or any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after the date this Order is made. 2 The undertaker may only exercise the powers referred to in paragraph (1) if it reasonably believes it to be necessary in order 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. 3 In carrying out any activity authorised by paragraph (1)— a the undertaker 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; b the duty contained in section 206(1) (replacement of trees) of the 1990 Act will not apply although where possible the undertaker must seek to replace any trees which are removed; and c the undertaker must consult (with sufficient particulars to identify the tree) the relevant planning authority prior to that activity taking place. 4 The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order. 5 Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND Compulsory acquisition of land 25 1 The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or is incidental to it, or is required as replacement land (as defined in article 40 (special category land)). 2 This article is subject to articles 27 (time limit for exercise of authority to acquire land compulsorily), 28(2) (compulsory acquisition of rights and imposition of restrictive covenants) and 35(11) (temporary use of land for carrying out the authorised development). Compulsory acquisition of land – incorporation of the mineral code 26 Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated in this Order subject to the modifications that— a paragraph 8(3) is not incorporated; b for the “acquiring authority” substitute “the undertaker” ; c for “undertaking” substitute “authorised development” ; and d for “compulsory purchase order” substitute “this order” . Time limit for exercise of authority to acquire land compulsorily 27 1 After the end of the period of 8 years beginning with the day on which this Order is made— a no notice to treat is to be served under Part 1 of the 1965 Act as modified by this Order; and b no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 31 (application of the 1981 Act), in relation to the Order land for the purposes of this Order. 2 The authority conferred by article 35 (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 the undertaker 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 and imposition of restrictive covenants 28 1 Subject to paragraphs (2) to (5), the undertaker may acquire such rights over the Order land, or impose restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 25 (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 column (1) of Schedule 8 (land of which only new rights, etc. may be acquired) the undertaker’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 may be required for or in connection with the authorised development for the purposes specified in relation to that land in column (2) of that Schedule. 3 The powers of paragraph (1) may be exercised by a statutory undertaker instead of by the undertaker in any case where the undertaker has given its prior consent to that in writing, and that consent may be given subject to terms and conditions. 4 Where in consequence of paragraph (3), a statutory undertaker exercises the powers in paragraph (1) in place of the undertaker, except in relation to the payment of compensation the liability for which must remain with the undertaker, that person is to be treated for the purposes of this Order and by any person as being the undertaker in relation to the acquisition of the rights and the imposition of the restrictive covenants in question. 5 The power conferred by paragraph (1) to acquire the rights and to impose the restrictive covenants described in Schedule 8 for the benefit of statutory undertakers or for the benefit of any other person— a does not preclude the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 8 as may be required for the benefit of any other statutory undertaker or any other person; and b must not be exercised by the undertaker in a way that precludes the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 8 as are required for the benefit of any other statutory undertaker or any other person. 6 Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act, as modified by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant, the undertaker is not required to acquire a greater interest in that land. 7 Schedule 9 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation 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. Private rights over land 29 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 the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) (power 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 the burden of the restrictive covenant— a as from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; b on the date of entry onto the land by the undertaker under section 11(1) of the 1965 Act; or c on carrying out any activity authorised by the Order which interferes with or breaches those rights, whichever is the earlier. 3 Subject to the provisions of this article, all private rights over land owned by the undertaker that are within the Order limits are extinguished on carrying out 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 the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land. 5 Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act 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 37 (statutory undertakers) applies. 7 Paragraphs (1) to (4) have effect subject to— a any notice given by the undertaker before— i the completion of the acquisition of the land or the acquisition of the rights or the imposition of the restrictive covenants over or affecting the land; ii the undertaker’s appropriation of it; iii the undertaker’s entry onto it; or iv the undertaker’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 the undertaker 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. Modification of Part 1 of the 1965 Act 30 1 Part 1 (compulsory purchase under Acquisition of Land Act 1946) 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) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025” . 3 In section 11A (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 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025” . 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 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. ; and b after paragraph 29, insert— PART 4 INTERPRETATION 30 In this Schedule, references to entering on and taking possession of land do not include exercising the powers under articles 13 (use of private roads), 20 (protective work to land and buildings), 21 (authority to survey and investigate the land), 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the A122 (Lower Thames Crossing) Development Consent Order 2025. 6 In respect of Plots 28/08, 29/253, 29/254, 29/258, 29/259, 29/260 and 29/261 shown in the land plans, and without limitation to the powers under article 35 (temporary use of land for carrying out the authorised development), section 8 (other provisions as to divided land) of, and Schedule 2A to, the 1965 Act, must be construed to ensure— a the freehold owner of those plots may serve a notice to require the undertaker to acquire the landowner’s interest in respect of the Whitecroft Care Home where any part of the authorised development has begun; and b the undertaker must accept a notice served under sub-paragraph (a) and thereafter serve— i notice of entry under section 11 (powers of entry) of the 1965 Act; or ii a declaration under section 4 (execution of declaration) of the 1981 Act, in respect of land and interests in those plots and the Whitecroft Care Home owned by the landowner as though it were an acceptance for the purposes of paragraph 11 of Schedule 2A to the 1965 Act. Application of the 1981 Act 31 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 (applic ation of Act)— a in subsection (1), omit the words “in themselves”; and b 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 For section 4(1) (execution of declaration), substitute— 1 The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves, or in the case of land or a right that they are authorised to acquire for the benefit of a statutory undertaker or local authority, in the statutory undertaker or local authority in question, from the end of such period as may be specified in the declaration (not being less than 3 months from the date on which the service of notices required by section 6 is completed). 5 In section 5(2) (earliest date for execution of declaration) omit the words from “, and this subsection” to the end. 6 Omit section 5A (time limit for general vesting declaration) . 7 In section 5B(1) (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 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008 the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025.” 8 In section 6(1)(b) (notices after execution of declaration) , for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008” . 9 In section 7(1)(a) (constructive notice to treat) , omit “(as modified by section 4 of the Acquisition of Land Act 1981)”. 10 In section 8 (vesting, and right to enter and take possession) , after subsection (3), insert— 4 In this section references to the acquiring authority include any statutory undertaker or local authority referred to in section 4(1). . 11 In section 10(1) (acquiring authority’s liability arising on vesting of the land), after “vested in an acquiring authority” insert “or a statutory undertaker or local authority” . 12 For section 11(1) (recovery of compensation overpaid) , substitute— 1 This section applies where after the execution of a general vesting declaration a person (“ the claimant ”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest. . 13 In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) , for paragraph 1(2) substitute— 2 But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. . 14 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 this Order) to the compulsory acquisition of land under this Order. Modification of the 2017 Regulations 32 1 The Schedule to the 2017 Regulations is modified as follows. 2 In paragraph (3) of Form 1, after “from the date on which the service of notices required by section 6 of the Act is completed”, insert— 1A The [insert land or rights or both] described in Part [ ] of the Schedule hereto as being for the benefit of third parties and more particularly delineated on the plan annexed hereto vests in the statutory undertaker or local authority in question as from the end of the period of [insert period of 3 months or longer] from the date on which the service of notices required by section 6 of the Act is completed. . 3 References in Form 2 to “in themselves” is substituted with “in themselves and any identified third parties” . 4 In paragraph (b) of the notes on use of Form 2— a after “Insert the name of the authority” insert “and where the context requires insert a reference to third parties” ; and b omit “Thereafter rely on that definition wherever “(b)” appears in the text.”. Acquisition of subsoil or airspace only 33 1 The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or of the airspace over the land referred to in paragraph (1) of article 25 (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 10 (land in which only subsoil or new rights in and above subsoil and surface may be acquired) the undertaker’s powers of compulsory acquisition are limited to— a the acquisition of such subsoil; and b subject to paragraph (8), the acquisition of such easements or other new rights and the imposition of restrictive covenants in the remaining subsoil and over the surface of the land including rights and restrictive covenants for the benefit of a statutory undertaker, as the undertaker may require for or in connection with the purposes specified in relation to that land in column (3) of that Schedule. 3 Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraphs (1) or (2), the undertaker 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 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 (as modified by article 30 (modification of Part 1 of 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 1990 Act. 5 Paragraphs (3) and (4) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of 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 (2) of Schedule 10 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) and Schedule 10, “ 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 (except in the case of the river Thames as provided in sub-paragraph (c)), dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water; c in the case of the river Thames comprised in plots 15-10, 15-11, 15-12, 16-42 and 16-43, the level of Ordnance Datum Newlyn; or d in any other case, ground surface level, at the time of this Order coming into force. 8 The undertaker may not acquire easements or other new rights or impose restrictive covenants under paragraph (2)(b) on, over or under the riverbed of the river Thames for the protection of the tunnels. Rights under or over streets 34 1 The undertaker 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 and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development. 2 Subject to paragraph (3), the undertaker 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 the undertaker 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 (determination of questions of disputed compensation) 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 use of land for carrying out the authorised development 35 1 The undertaker may, in connection with the carrying out of the authorised development, but subject to article 27 (time limit for exercise of authority to acquire land compulsorily)— a enter on and take temporary possession of— i the land specified in column (1) of Schedule 11 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule relating to the part of the authorised development specified in column (3) of that Schedule; and ii subject to paragraph (11), any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act and no declaration has been made under section 4 (execution of declaration) of the 1981 Act (other than a notice of entry or a declaration in connection with the acquisition of rights and/or the imposition of restrictive covenants only); b remove any apparatus, buildings, landscaping and vegetation from that land; c construct temporary works (including the provision of means of access) and buildings on that land; and d construct any works on that land as are mentioned in Schedule 1 (authorised development). 2 Not less than 28 days (or such period less than 28 days as may be requested by the undertaker and which is then approved by the owner of the land) before entering on and taking temporary possession of land under this article the undertaker 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 the undertaker intends to take possession of the land. 3 The undertaker is not required to serve notice under paragraph (2) where the undertaker has identified a risk to the safety of— a any person carrying out the authorised development or any of its parts; b the public; or c the surrounding environment, and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances. 4 The undertaker 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 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 (3) of Schedule 11, 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 work for which temporary possession of the land was taken unless the undertaker 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. 5 Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker 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; d remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; e remove or reposition any apparatus installed for or belonging to statutory undertakers or necessary mitigation works; f restore the land on which any soil reprofiling work has occurred; or g remove any temporary works which have planning permission (where required) in place and where their retention has been agreed with the owners of the land. 6 The undertaker 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. 7 Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 8 Any dispute as to the satisfactory removal of temporary works and restoration of land under paragraph (5) does not prevent the undertaker giving up possession of the land. 9 Subject to article 67 (no double recovery), 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 carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6). 10 The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from— a acquiring rights or imposing restrictions over any part of that land under article 28(2) (compulsory acquisition of rights and imposition of restrictive covenants) to the extent that such land is listed in column (1) of Schedule 8 (land of which only new rights etc. may be acquired); b acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 33(2) (acquisition of subsoil or airspace only) to the extent that such land is listed in column (1) of Schedule 10 (land in which only subsoil or new rights in and above subsoil and surface may be acquired); or c extinguishing rights or restrictive covenants over any land subject to temporary possession in respect of removed or decommissioned apparatus under article 37(3) (statutory undertakers). 11 The undertaker may not take temporary possession under paragraph (1)(a)(ii) of the surface of the land comprised in plots 14-04, 14-05, 14-06, 14-07, 14-08, 14-09, 14-10, 14-12, 14-13, 14-14, 14-15, 15-10, 15-11, 15-12, 15-13, 15-14, 15-15, 15-16, 15-20, 16-42 and 16-43 listed in Schedule 10. 12 Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. 13 The undertaker may not take temporary possession of plots 15-09, 15-16, 15-17 and 15-21, land relating to the Milton Compound, until an agreement is made with the Mayor’s Office for Policing and Crime and the RSPB regarding the safe operation of the Metropolitan Police firing range. 14 Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1). 15 Section 13 (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. Temporary use of land for maintaining the authorised development 36 1 Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may— a subject to paragraph (11), enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development; b subject to paragraph (11), 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 Paragraph (1) does not authorise the undertaker 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. 3 Not less than 28 days (or such period less than 28 days as may be requested by the undertaker and which is then approved by the owner of the land) before entering upon and taking temporary possession of land under this article the undertaker 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 the undertaker intends to take possession of the land. 4 The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a risk to the safety of— a the operation of the authorised development or any of its parts; b the public; or c the surrounding environment, and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances. 5 The undertaker 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. 6 Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 7 The undertaker 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. 8 Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation must be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 9 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 (7). 10 Where the undertaker takes possession of land under this article, it is not required to acquire the land or any interest in it. 11 The undertaker may not take temporary possession under paragraph (1)(a) and (1)(b) of the surface of the land comprised in plots 14-04, 14-05, 14-06, 14-07, 14-08, 14-09, 14-10, 14-12, 14-13, 14-14, 14-15, 15-10, 15-11, 15-12, 15-13, 15-14, 15-15, 15-16, 15-20, 16-42 and 16-43 in Schedule 10 (land in which only subsoil or new rights in and above soil are surface may be acquired). 12 Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to 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. 13 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 that part of the authorised development is first opened for use save that in relation to landscaping “ the maintenance period ” means such period as may be approved in a landscaping and ecology management plan pursuant to paragraph 5 of Schedule 2 (requirements). Statutory undertakers 37 1 Subject to the provisions of Schedule 14 (protective provisions), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only), article 35(10) (temporary use of land for carrying out the authorised development), and paragraph (2), the undertaker may— a acquire compulsorily, or acquire existing or new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and b extinguish the rights or the benefit of a restrictive covenant of, or remove or reposition 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; and b article 38 (apparatus and rights of statutory undertakers in stopped up streets). 3 Subject to paragraph (4), where the power in paragraph (1)(b) is exercised in relation to any Order land in respect of which the undertaker takes temporary possession under article 35 (temporary use of land for carrying out the authorised development), the undertaker may only extinguish rights or restrictive covenants in respect of apparatus belonging to statutory undertakers removed or decommissioned where— a the undertaker, in agreement with the statutory undertaker, gives a notice to the landowner of the rights or restrictive covenants proposed to be extinguished; and b that notice has been provided prior to giving up temporary possession under article 35. 4 The extinguishment of a right or restrictive covenant under paragraph (3) does not— a relieve the need for the undertaker to comply with, or otherwise affect the application of, article 35(5) of this Order; or b give rise to any cause of action relating to the presence on or in the land of any foundations and the undertaker is not required to remove foundations when giving up temporary possession. 5 Subject to paragraph (6) and (7), the undertaker must, unless otherwise agreed by the landowner and any relevant statutory undertaker, when all of the specified works listed in column (1) of the table below have been completed, by exercise of the power in paragraph (1)(b) or otherwise— a extinguish or otherwise terminate any rights and restrictive covenants which have been created, acquired or imposed for the purpose of the corresponding work listed in the column (2) of the table below; and b notwithstanding article 35(5), remove any apparatus which has been installed as part of the corresponding work listed in the column (2) of the table below. (1) Specified work (2) Corresponding work Work No. CA2 Work No. MUT1 (outside of Thong Lane bridge) Work No. MU12 Work No. MUT1 (so far as within Thong Lane bridge) Work No. MU12 Work No. MUT2 Works Nos. CA3 and CA3A Work No. MUT3 Work No. CA5 Work No. MUT4 Work No. CA5 Work No. MUT5 Work No. CA5 Work No. MUT6 Work No. CA5 Work No. MUT7 Works Nos. CA5 and CA5A Work No. MUT8 Works Nos. CA5 and CA5A Work No. MUT9 Work No. CA5 Work No. MUT10 Work No. CA5 Work No. MUT11 Work No. CA6 Work No. MUT12 Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11 Work No. MUT13 Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11 Work No. MUT14 Work No. CA6 Work No. MUT15 (outside of A128 Brentwood Road) Work No. MU39 Work No. MUT15 (so far as within A128 Brentwood Road) Works Nos. CA8A and CA8B Work No. MUT16 Work No. CA7 Work No. MUT17 Work No. CA7 Work No. MUT18 Work No. MU45 Work No. MUT19 Work No. MU54 Work No. MUT20 (from the A1089 to the A13) Works Nos. CA8A and CA8B Work No. MUT20 (from Long Lane to Work No CA8A to CA8B) Works Nos. CA9 and CA10 Work No. MUT21 (outside of B122 High Road, Orsett) Work No. MU60 Work No. MUT21 (so far as within B122 High Road, Orsett) Work No. CA11 Work No. MUT22 Work No. CA9 Work No. MUT23 Work No. CA9 Work No. MUT24 Work No. CA11 Work No. MUT25 Work No. CA13 Work No. MUT26 Work No. CA13 Work No. MUT27 Works Nos. CA13 and CA14 Work No. MUT28 Work No. CA14 Work No. MUT29 Work No. MU76 Work No. MUT30 Work No. CA15A Work No. MUT31 Work No. CA16 Work No. MUT32 Work No. OH1 Work No. OHT1 Work No. OH4 Work No. OHT2 Work No. OH3 Work No. OHT3 Work No. OH7 Work No. OHT4 Work No. OH6 Work No. OHT5 Work No. OH6 Work No. OHT6 Work No. OH7 Work No. OHT7 Work No. OH7 Work No. OHT8 6 The obligation in paragraph (5) applies in respect of rights and restrictive covenants which have been created, acquired or imposed and to apparatus installed for or which belongs to a statutory undertaker when, subject to the provisions of Schedule 14 (protective provisions), appropriate facilities and rights in respect of any specified work in column (1) of the table above have been granted to the relevant statutory undertaker. 7 The obligation on the undertaker to remove apparatus in relation to paragraph (5) does not apply if the statutory undertaker is required to remove the apparatus under Schedule 14 (Protective Provisions) or by virtue of an agreement with that statutory undertaker. 8 Insofar as the power under paragraph (1) is used to acquire easements or other new rights or impose restrictive covenants in subsoil, it is subject to article 33(8) (acquisition of subsoil or airspace only). Apparatus and rights of statutory undertakers in stopped up streets 38 1 Where a street is stopped up under article 14 (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 14 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker 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, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory 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 the undertaker, 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 statutory 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 (street works in England and Wales) 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 the undertaker 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 1980 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003. Recovery of costs of new connections 39 1 Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 37 (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 the undertaker 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 37, 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 the undertaker 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 38 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies. 4 In this article— “ public communications provider ” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and “ public utility undertaker ” means a gas, water, electricity or sewerage undertaker. Special category land 40 1 On the exercise by the undertaker of the relevant Order powers, subject to paragraph (5) the specified special category land and any rights over that land is not to vest in the undertaker (or any specified person) until— a the replacement land has been acquired in the undertaker’s name or is otherwise in the name of the persons who owned the specified special category land on the date those powers are exercised; b the Secretary of State has certified (following consultation by the undertaker with the relevant planning authority) has approved a scheme for the provision of the replacement land including a timetable for the implementation of the scheme has been received from the undertaker; and c the relevant planning authority has certified that the scheme has been implement to its satisfaction. 2 On the requirements of paragraph (1) being satisfied— a the specified special category land is to vest in the undertaker (or any specified person) and be discharged from all rights, trusts and incidents to which it was previously subject; and b the rights to be acquired over the specified special category land are to vest in the undertaker (or any specified person) and the specified special category land is to be discharged from all rights, trusts and incidents to which it was previously subject but only in so far as their continuance would be inconsistent with the exercising by the undertaker of the Order rights. 3 The undertaker must implement the scheme certified by the Secretary of State under paragraph (1) and on the date on which the replacement land is laid out and provided in accordance with that scheme, the replacement land is to vest in the person(s) in whom the specified special category land was vested on the date of the exercise of the Order powers (if that replacement land is not already owned by those persons) and is to be subject to the same rights, trusts and incidents as attached to the specified special category land. 4 As soon as reasonably practicable after paragraph (3) takes effect in relation to the Orsett Fen common land and the Tilbury Green common land respectively, the undertaker must apply under section 14 (statutory dispositions) of the Commons Act 2006 and paragraph 8 of Schedule 4 (applications pursuant to section 14: statutory dispositions) to the Commons Registration (England) Regulations 2014 to amend the relevant register of common land accordingly. 5 Paragraphs (1) and (2) do not have effect in relation to the Tilbury Green common land, or the Orsett Fen common land respectively if at the time of the exercise of the relevant Order powers over that land, that land has been de-registered as common land. 6 A scheme certified under sub-paragraph (1)— a must comply with the outline LEMP; and b may be certified in relation to part of the specified special category land, and paragraphs (1) and (2) are to have effect accordingly, so long as the certified scheme provides for the replacement land required in respect of the relevant Order land. 7 On the exercise by the undertaker of the relevant Order powers, so much of the excepted land as is required for the purposes of the exercise of those powers 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 those powers. 8 In this article— “ the excepted land ” means the land identified as— plot 06-15 in the book of reference and the special category land plans, being the land in respect of which the Secretary of State is satisfied that section 131(5) of the 2008 Act applies; and plots 03-14, 04-145, 06-03, 06-56, 07-01, 07-02, 07-04, 07-05, 07-15, 07-17, 07-20, 07-22, 07-23, 07-27, 07-28, 07-41, 08-07, 08-12, 08-13, 08-14, 08-15, 20-75, 20-76, 21-25, 23-120, 23-170, 29-03, 29-04, 33-35, 35-13, 38-55, 43-07, 43-09, 43-18, 43-19, 43-35, 44-08, 46-04, 46-26 and 47-26 in the book of reference and the special category land plans, being the land in respect of which the Secretary of State is satisfied that section 132(3) of the 2008 Act applies; “ the Orsett Fen common land ” means the land identified as plots 35-13, 35-14, 35-60, 37-01, 38-55 and 38-58 in the book of reference and the special category land plans; “ the relevant Order powers ” means the powers exercisable over the special category land by the undertaker under article 25 (compulsory acquisition of land) or article 28 (compulsory acquisition of rights and imposition of restrictive covenants); “ the specified special category land ” means the land, or any part of that land, identified as plots 03-14, 04-88, 04-144, 04-250, 04-264, 04-265, 04-274, 13-03, 20-63, 23-106, 29-02, 29-09, 29-282, 29-283, 33-18, 33-35, 35-14, 35-60, 37-01, 38-58, 43-07, 43-08, 43-09, 43-22, 43-23, 43-24, 43-25, 43-31, 43-33, 43-39, 43-106, 43-109, 43-110, 44-12, 44-51, 46-06, 46-08, 46-09, 46-11, 46-12, 46-13, 46-18 and 46-55 in the book of reference and the special category land plans, being the land in respect of which the Secretary of State is satisfied that section 131(4) or section 132(4) of the 2008 Act applies; “ the replacement land ” means the land identified as plots 03-43, 03-54, 03-85, 11-79, 13-94, 20-70, 20-78, 20-79, 23-117, 29-01, 29-12, 29-16, 29-18, 29-19, 33-04, 33-13, 34-14, 34-16, 34-18, 35-52, 35-57, 37-04, 38-62, 42-19, 42-26, 42-33, 43-04, 44-19, 46-19, 47-29, 47-32 and 47-33 in the book of reference and on the special category land plans, being the replacement for the special category land; “ right, trusts, and incidents ” means all such provisions attaching to the land, and in respect of the Tilbury Green common land, the Walton Common and Parsonage Common, and the Orsett Fen common land includes all such provisions attaching to that land contained in or having effect under the 1825 Act, the Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893 , section 193 of the Law of Property Act 1925 , and the Commons Act 2006; “ specified person ” means a person other than the undertaker for whose benefit the replacement land or rights are being acquired and includes the owner of special category land on the date of the exercise of the relevant powers or a statutory undertaker; “ the Tilbury Green common land ” means the land identified as plots 20-63, 20-75, 20-76, 23-106 and 23-120 in the book of reference and the special category land plans; and “ the Walton Common and Parsonage Common ” means the land identified as plots 21-25 and 23-170 in the book of reference and the special category land. Disregard of certain improvements, etc. 41 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 carried out or improvement or alteration made on the relevant land, if the tribunal is satisfied that the creation of the interest, the erection of the building, the carrying out 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 constructed 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 42 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 28 (compulsory acquisition of rights and imposition of restrictive covenants), 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. Crown rights 43 1 Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee to use, enter upon or in any manner interfere with any land or rights of any description— a belonging to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners; b belonging to His Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or c belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department. 2 Paragraph (1) does not apply to the exercise of any power under this Order for the compulsory acquisition of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown. 3 A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically. PART 6 OPERATIONS Power to operate, use and close the tunnel area 44 1 The undertaker may operate and use the tunnel area in its capacity, and for the purposes of its functions, as a highway authority. 2 The undertaker may, whenever in its opinion it is necessary to do so, close the tunnel area, whether wholly or partially. 3 Where the undertaker proposes to close the tunnel area under paragraph (2), it must except in an emergency— a give not less than 7 days’ notice to the relevant local authorities in such other manner as the undertaker considers appropriate; and b throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnel area giving warning of the closure. 4 The power to operate and close the tunnel area under this article will only apply and have effect from the date when the tunnel area is completed and open for public use. 5 In this article— “ emergency ” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to— persons or property, including the tunnel area or any person in or using the tunnel area; or the environment; and “ relevant local authorities ” means Kent County Council, Thurrock Council, and Gravesham Borough Council. Road user charging 45 1 Subject to the following paragraphs, the date when the tunnels are completed and open for traffic, the Secretary of State may impose road user charges in respect of motor vehicles using the tunnel area in accordance with Schedule 12 (road user charging provisions for use of the Lower Thames Crossing). 2 Without prejudice to, and notwithstanding, any enactment, the Secretary of State may, with such terms and conditions as the Secretary of State may determine, transfer the power to impose road user charges under paragraph (1) to any person or body. 3 Where the Secretary of State transfers the power to impose road user charges pursuant to paragraph (2)— a The Secretary of State must publish a notice of that transfer in such manner as the Secretary of State considers appropriate to bring the transfer to the attention of all persons who are likely to be affected by it; b The Secretary of State may revoke or vary that transfer where they deem a revocation or variation is reasonably necessary or expedient; c That person or body may not transfer the power without the consent of the Secretary of State; and d Paragraph (1) of this article, article 46 (suspension of road user charging) and Schedule 12 are to be construed so that references to the Secretary of State are references to that person or body. Suspension of road user charging 46 1 The Secretary of State may suspend the operation of any road user charge imposed under article 45 (road user charging) if they consider that it is necessary to do so— a in the event of an emergency, to enable or facilitate any action taken in response to the emergency; or b to enable or facilitate a temporary event to take place. 2 A suspension under this article is for such period as the Secretary of State considers necessary— a in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days); or b in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it. 3 A suspension under this article may be in whole or in part; and if the road user charge is suspended in part that suspension may be in respect of— a any road in respect of which charges are imposed; b any event by reference to the happening of which a charge is imposed; or c any class of motor vehicle in respect of which charges are imposed. 4 The Secretary of State must publish a notice of any suspension under this article and such notice must— a be published in such manner as the Secretary of State considers appropriate to bring the suspension to the attention of all persons who are likely to be affected by it; and b state the period for which the charge is likely to be suspended. 5 In the case of a suspension under paragraph (1)(a), the Secretary of State must keep under review the need for the suspension to continue, and may increase or reduce the period for which the charge is to be suspended, but may not increase it so as to suspend the scheme for a period of more than 30 days. 6 In this article “ emergency ” means any circumstance whether existing or imminent, which the Secretary of State considers is likely to cause danger to persons or property, or the environment. No apparatus in the tunnel area without consent 47 Regardless of anything contained in any enactment, no person is to enter upon, breakup or interfere with the tunnel or 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 the undertaker and in accordance with such terms and conditions as the undertaker 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 64 (arbitration). Protection of the tunnel area, etc. 48 1 Subject to paragraph (2) — a the PLA must not, whether under the 1968 Act or otherwise, carry out, or grant a river works licence or a river dredging licence to carry out the restricted first and second protection zone activities; and b no other person may carry out the restricted first and second protection zone activities, without the consent of the undertaker. 2 Notwithstanding paragraph (1), a consent under that paragraph is not required in connection with— a the PLA carrying out or granting a river works licence or a river dredging licence to carry out the exempt second protection zone activities; or b any other person carrying out the exempt second protection zone activities. 3 Any consent given to the PLA under this article to carry out or grant a river works licence or a river dredging licence is a consent for the purposes of this article to the holder of that licence to carry out any restricted first and second protection zone activities authorised by that licence. 4 If the PLA or any other person contravenes the provisions of paragraph (1), the undertaker may by notice in writing require the PLA or any other person that has contravened the provision of paragraph (1) to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of the undertaker) within a reasonable time specified in the notice and to restore the part of the river Thames or land concerned to its former condition and make good any impairment or damage to the tunnel area. 5 If the person to whom a notice under paragraph (4) is given fails to comply with that notice, the undertaker may carry out the work required by the notice and recover the costs of so doing from that person. 6 A consent under this article may be given unconditionally or subject to terms and conditions and must not be unreasonably withheld. 7 If the undertaker receives an application for consent under this article from the PLA and fails to notify the sender of its decision before the end of the period of 28 days beginning with the date after the application was made, it is deemed to have granted consent. 8 The undertaker must— a designate the person to whom an application for consent should be made under paragraph (1) and may from time to time alter any such designation; and b give the PLA written notification of any such designation. 9 From the date Work No. 5A or Work No. CA5 is commenced, the permission under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 to anchor or berth vessels in the area identified as Higham bight anchorage under the licence dated 28 May 1992 with the reference 9/92 may not be varied or otherwise modified without the consent of the undertaker, and that licence ceases to have effect insofar as the vessel is carrying— a substances or articles which have a mass explosion hazard; b substances or articles which have a projection hazard; or c any other substances or articles which— i may affect the safe construction, maintenance or operation of the tunnel area and which are designated for the purposes of this sub-paragraph by the undertaker with the agreement of the Health and Safety Executive and the PLA; and ii following a designation under sub-paragraph (i), have been published on a website operated by the undertaker or the Health and Safety Executive. 10 In this article — “ any other activity ” includes any activity which constitutes a “material operation” under section 56(4) of the 1990 Act or “works” under the 1968 Act; “ commenced ” has the same meaning as the definition of commence in Schedule 2 (requirements) to this Order; “ the restricted first and second protection zone activities ” means the following activities within the part of the river Thames that is situated within the first protection zone or second protection zone shown on the river restrictions plan— any dredging; the installation of a mooring or other structure; any piling activities; any designation of any anchorage; any excavations, trial holes, boreholes and other investigations; or any other activity which might reasonably be expected to affect the safe construction, maintenance or operation of the tunnel; “ river works licence ” means a licence granted by the PLA under section 66 (licensing of works) of the 1968 Act; “ river dredging licence ” means a licence granted by the PLA under section 73 (licensing of dredging, etc.) of the 1968 Act; “ the exempt second protection zone activities ” means the following activities within the part of the river Thames that is situated within the second protection zone shown on the river restrictions plan— any dredging provided it does not 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 12.5 metres below chart datum subject to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed; non-intrusive ground investigations, surface sampling, vibrocoring and surveys; shallow piling activities and excavations; and where such activities either alone or together do not lead to a concurrent load of 50kPA or more on the bed of the river Thames within the Order limits— the use of anchorages and placing of moorings and navigational marks and the grounding of a barge for any of these purposes; the maintenance of groynes, mooring placements, navigational marks, scour protection, river walls and revetements and the grounding of a barge for any of these purposes; mooring marine plant in connection with the activities in sub-paragraphs (b) and (d)(i) and (ii). Removal of vehicles 49 1 If any obstruction is caused by a vehicle waiting, loading, unloading or breaking down in the tunnel area, the person in charge of the 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 vehicle under paragraph (1) may do so by towing or driving the vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the vehicle as the authorised person considers necessary to enable the vehicle to be removed. 3 Where an authorised person requires a person to remove a 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 vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the vehicle if the person required to remove it refuses to remove it in the manner so required. 4 A vehicle removed by an authorised person under this article— a may be returned immediately to the person in charge of that vehicle; or b where immediate return of that vehicle to the person in charge of it is not practicable or appropriate, must be delivered to the undertaker or to a person authorised by the undertaker to keep vehicles so removed (“the custodian” in either case). 5 The custodian is entitled to recover the relevant charges from any person responsible and the custodian is entitled to retain custody of the vehicle until that sum is paid. 6 The custodian may dispose of a vehicle (including its contents) at any time after its removal— a where the owner of the vehicle has disclaimed all rights of ownership of the vehicle; b where in the opinion of the authorised person the vehicle is in such a condition that it ought to be destroyed; c in the case of a vehicle, not falling within sub-paragraph (a) or (b), which— i does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence); and ii does not display any registration mark (whether indicating registration within or outside the United Kingdom). 7 In a case to which paragraph (6) does not apply, the custodian must— a if the vehicle carries a United Kingdom registration mark, ascertain from records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 the name and address of the person by whom the vehicle is kept; or b if the vehicle does not carry such a registration mark, make such inquiries as appear to the custodian reasonably practicable to ascertain the owner of the vehicle. 8 If the custodian, having taken the relevant steps required under paragraph (7), is unable to ascertain the name and address of the owner of the vehicle, the custodian may dispose of the vehicle. 9 A custodian who has ascertained the name and address of the owner of the vehicle must issue a notice to the owner at the owner’s address in the form prescribed in paragraph (10). 10 A notice under paragraph (9) must set out— a the specified information; b the place to which the vehicle has been removed; c that if the recipient is the owner of the vehicle, the recipient is required to remove the vehicle from the custody of the custodian and pay the relevant charges within a period not less than 7 days beginning with the day on which the notice is served; and d that the custodian intends to dispose of the vehicle if it is not removed within that period. 11 If the person to whom the notice issued under paragraph (9) fails to comply with all of its requirements, the custodian may dispose of the vehicle at any time after the date specified in the notice in accordance with paragraph (10). 12 As soon as reasonably practicable following the disposal of a vehicle under this article the custodian must— a where the vehicle carried a GB registration mark or a mark indicating registration in Northern Ireland, give information relating to the disposal to— i the Secretary of State; ii the chief officer of the police force in whose area the vehicle was removed under paragraph (1); and iii HPI Ltd; b where the vehicle carried a mark indicating registration outside the United Kingdom, give information relating to the disposal to— i the Secretary of State; ii the Commissioners of Customs and Excise; and iii the chief officer of the police force in whose area the vehicle was removed under paragraph (1); c where the vehicle did not carry any registration mark, give information relating to the disposal to the chief officer of the police force in whose area the vehicle was removed under paragraph (1); and d in the case of any vehicle, information relating to the disposal must be given to any person who appears to the custodian to have been the owner of the vehicle immediately before it was disposed of. 13 A person (“ the claimant ”) may take possession of a vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if— a the claimant satisfies the custodian that the claimant is the owner of the vehicle or that the claimant is authorised by the owner to take possession of the vehicle; b all outstanding relevant charges are paid to the custodian; and c the claimant takes possession of the vehicle within seven days of the custodian being satisfied of the matter in paragraphs (a) and (b). 14 If before the end of the period of one year beginning with the date on which a vehicle is disposed of pursuant to this article, a person claims to have been the owner of the vehicle at the time when it was disposed of and— a the person claiming satisfies the custodian that the person so claiming was the owner of the 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 vehicle was disposed of; and c no previous claim in respect of the vehicle has been made, the specified sum is payable by the custodian to the owner. 15 Where it appears to the custodian of a 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 paragraphs (13) and (14) as the owner for the purposes of this article. 16 For the purposes of this article— a the owner of a vehicle is taken to be the person by whom the vehicle is kept and in determining for those purposes who was the owner of the vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994; and b “ breaking down ” includes by way of a mechanical or technological defect, lack of fuel, oil, water or power required for the vehicle or any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories drive it under its own power away from the tunnel area. 17 In this article— “ GB registration mark ” means a registration mark issued in relation to a vehicle under the Vehicle Excise and Registration Act 1994; “ HPI Ltd ” means HPI Limited (company number 04068979), whose registered office is at Capitol House, Bond Court, Leeds, Yorkshire, England, LS1 5EZ, being a company incorporated under the Companies Act 1985 and includes its successors and assigns or any body which takes on its functions in relation to vehicle identification and registration; “ information relating to the disposal ” means, in relation to a vehicle— any information which is sufficient to relate the information now being given to any information previously given to the same person in respect of the removal, storage or disposal of the vehicle; such of the specified information as has not been previously given to the same person in respect of the removal, storage or disposal of the vehicle; and information as to whether the vehicle was disposed of by destruction or by sale and if by sale, the sum realised; “ owner ”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; “ person responsible ”, in relation to a vehicle, means— the owner of the vehicle at the time when it was put in the place from which it was removed as mentioned in paragraph (1), unless the owner demonstrates that the owner was not concerned in, and did not know of, the vehicle being put in the tunnel area; any person by whom the vehicle was put in that place; any person convicted of an offence under section 2(1) (penalty for unauthorised dumping) of the Refuse Disposal (Amenity) Act 1978 in consequence of the putting of the vehicle in that place; “ relevant charges ” means the sums and charges prescribed by the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008 ; “ specified information ”, in relation to a vehicle, means such of the following information as can be, or could have been, ascertained from an inspection of the vehicle, or has been ascertained from any other source— in the case of a vehicle which carries a GB registration mark, or a mark indicating registration in a country outside Great Britain, particulars of such mark; and the make of the vehicle; “ specified sum ” means a sum calculated by deducting from the proceeds of sale the relevant charges that would have been payable had the vehicle been claimed by the owner immediately before its disposal; and “ vehicle ” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle. Removal of obstructions 50 1 Where an obstruction or hazard is caused in the tunnel area by a load falling from a vehicle and the person in charge of the 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 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 vehicle from which it has fallen is not practicable or appropriate, must deliver the load to the undertaker or to a person authorised by the undertaker 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 able to ascertain contact details for the owner of the load, the custodian must notify such person that— a the load is in 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 the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian 5 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. 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 requirements of a notice issued under paragraph (4), 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 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. 9 In this article “ vehicle ” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle. Byelaws relating to the tunnel area 51 1 The undertaker may make byelaws regulating— a the efficient management and operation of the tunnel area; b travel in the tunnel area; c the maintenance of order in the tunnel area; and d the conduct of persons in the tunnel area. 2 The byelaws contained in Schedule 13 (Lower Thames Crossing byelaws) have effect in relation to the tunnel area and continue to have effect until such time as they are amended or revoked by further byelaws made under paragraph (1) and in each case are to be treated as if they are byelaws that have been made by the undertaker under paragraph (1) and confirmed by the Secretary of State on the date this Order comes into force. 3 Subject to paragraph (4) the provisions of subsection 236(3) to (8), and (11) (procedure, etc., for byelaws) of the Local Government Act 1972 apply in relation to byelaws (other than those in Schedule 13) made by the undertaker under paragraph (1) as if the undertaker were a local authority for the purposes of subsection 236(1) of the Local Government Act 1972. 4 The undertaker may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016 as if those regulations applied to the making and revoking of byelaws under this article. 5 Byelaws made under this article are enforceable by the undertaker and any authorised person. 6 A person who breaches a 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. Fixed penalty notices relating to byelaws 52 1 This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 51 (byelaws relating to the 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 paid by such means as the undertaker may specify on its website as being acceptable. 8 The undertaker 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 an officer of the undertaker; 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. PART 7 MISCELLANEOUS AND GENERAL Disapplication of legislative provisions, etc. 53 1 The following provisions 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 36(13), any maintenance of the authorised development— a sections 66 to 75 of the 1968 Act except where paragraph (5) applies; b sections 141 (restriction on planting of trees etc. in or near carriageway), 169 (control of scaffolding on highways), 171 (control of deposit of building materials and making of excavations in streets), and 172 (hoardings to be set up during building etc.) of the 1980 Act; c 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 ; d sections 23 (prohibition of obstructions, etc. in watercourses), 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991 ; e the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; and f regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in respect of a flood risk activity. 2 The provisions of the Neighbourhood Planning Act 2017 , insofar as they relate to temporary possession of, or entry onto, land under this Order, 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 the maintenance period defined in article 36(13), any maintenance of any part of the authorised development. 3 Following the expiry of any maintenance period defined in article 36(13), the requirement under 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 the operation or maintenance of the authorised development, or any other function of the undertaker in its capacity as a highway authority except where paragraph (4) applies. 4 This paragraph applies where the undertaker seeks to carry out, construct or maintain any utility works beneath the riverbed of the river Thames which are not required directly or solely in connection with the construction, operation and maintenance of the highway that forms part of the authorised development. 5 The provisions of the Allotments Act 1922 do not apply to the exercise by the undertaker of any functions under this Order. 6 Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “ development ”) of the Community Infrastructure Levy Regulations 2010 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. 7 Nothing in this Order is to prejudice the operation of, and the exercise of powers and duties of the undertaker, a statutory undertaker or the Secretary of State under the 1980 Act, the 1991 Act, the 2000 Act and the Town and Country Planning (General Permitted Development) (England) Order 2015 . Designation of fen land 54 1 Unless otherwise agreed with the Secretary of State following consultation by the undertaker with Natural England and subject to paragraph (2), from the specified date Fen land A and Fen land B are to be treated as though they were a manorial waste for the purposes of section 193 (rights of the public over commons and waste lands) of the Law Property Act 1925 and this Order is to be treated as a scheme under section 193(1)(a) of that Act in connection with that manorial waste. 2 Notwithstanding paragraph (1), the undertaker may restrict or regulate access to, or erect structures on, Fen land A or Fen land B where reasonably necessary for public safety or in the case of an emergency. 3 In this article— “ emergency ” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to persons or property. “ Fen land A ” means the land identified as Area A shown in Appendix 2 of the outline LEMP; “ Fen land B ” means the land identified as Area B shown in Appendix 2 of the outline LEMP; “ specified date ” means— in relation to Fen land A, the later of 12 months from the date of completion of the provision of water vole mitigation on that land or 18 months from the date of completion of the provision of water vole mitigation on that land where the undertaker determines, following consultation with Natural England, that period is reasonably necessary to allow for the establishment of the water vole mitigation; and in relation to Fen land B, the day after the completion of the provision of open mosaic habitat and grassland on that land. Application of local legislation, etc. 55 1 The following local enactments, orders and local byelaws, and any byelaws or other provisions made under any of those enactments, orders or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this Order— a an Act for making and maintaining a navigable Canal, from the River Thames, near to the Town of Gravesend, in the County of Kent, to the River Medway, at a Place called Nicholson’s Ship Yard, in the Parish of Frindsbury, in the said County; and also a certain Collateral Cut, from White Wall in the said Parish, to the said River Medway ; b an Act for enabling the Company of Proprietors of the Thames and Medway Canal, to vary the Line of the said Canal, and to raise a further Sum of Money for completing the said Canal and the Works thereunto belonging; and for altering and enlarging the Powers of an Act, made in the Thirty-ninth and Fortieth Year of the Reign of His present Majesty, for making the said Canal and a Collateral Cut thereto ; c an Act for enabling the Company of Proprietors of the Thames and Medway Canal to vary the Line of the said Canal; and for altering and enlarging the Powers of Two Acts passed in the Fortieth and Forty-fourth Years of His present Majesty, for making the said Canal and a Collateral Cut thereto ; d the 1825 Act; e Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893 ; f Medway and Thames Canal Act 1902 ; g London Overground Wires Act 1933 ; h London, Midland and Scottish Railway Act 1936 ; i Thames Barrier and Flood Prevention Act 1972 ; j County of Kent Act 1981 ; k Greater London Council (General Powers) Act 1986 ; l Essex Act 1987 ; m Channel Tunnel Rail Link Act 1996 ; n byelaws of the Rural District Council of Romford as to the nuisances in connection with the removal of offensive noxious matters 1899; o byelaws of the Rural District Council of Romford for the prevention of nuisances 1902; p byelaws of the Rural District Council of Romford with respect to the Drainage of Buildings 1908; q Essex County Council byelaws for the Good Rule and Government 1938; r Urban District of Hornchurch byelaws for Nuisances 1938; s Urban District Council of Hornchurch byelaws as to removal through streets of offensive or noxious matter or liquid 1938; t byelaws of the Urban District Council of Thurrock as to certain nuisances 1970; u byelaws of Gravesham Borough Council in respect of pleasure grounds known as Thong Lane Sports Ground 1970; v byelaws of the Borough of Medway in respect of pleasure grounds 1976; w Thames Water Authority Land Drainage Byelaws 1981; and x any other byelaws made under section 235 of the Local Government Act 1972 . 2 For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)— a it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order; b action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or c action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order. 3 Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out— a whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application; b if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and c the extent of that exclusion. 4 Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976 will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance of the authorised development subject to other provisions. 5 Without prejudice to Part 10 (for the protection of Tilbury London Limited) of Schedule 14 (protective provisions), to the extent that there is any inconsistency or conflict between any works authorised under this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of the functions conferred by this Order and all or any of the provisions of the Port of Tilbury (Expansion) Order 2019 (“ the 2019 Order ”) then, in respect of such inconsistency or conflict, there is deemed to be no breach, or non-compliance, of any provision or requirement of the 2019 Order by the Port of Tilbury London Limited or the undertaker. Planning permission, etc. 56 1 If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is— a not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or b required to complete or enable the use or operation of any part of the development authorised by this Order, then the construction, maintenance, use or operation of that development under the terms of the planning permission does not constitute a breach of the terms of this Order. 2 Development consent granted by this Order is to be deemed as specific planning permission for the purposes of section 264(3) (cases in which land is not to be treated as operational land for the purposes of that Act) of the 1990 Act. 3 To the extent any development carried out or used pursuant to a planning permission granted under section 57 (requirement of planning permission) of the 1990 Act or compliance with any conditions of that permission is inconsistent with the exercise of any power, right or obligation under this Order or the authorised development— a that inconsistency is to be disregarded for the purposes of establishing whether any development which is the subject matter of that planning permission is capable of physical implementation; and b in respect of that inconsistency, no enforcement action under the 1990 Act may be taken in relation to development carried out or used pursuant to that planning permission, or compliance with any conditions of that permission, whether inside or outside the Order limits. 4 Any development or any part of a development within the Order limits which is constructed or used under the authority of a permission granted under section 57 of the 1990 Act including permissions falling under paragraphs (1) or (3), is deemed not to be a breach of, or inconsistent with, this Order and does not prevent the authorised development being carried out or used or any other power or right under this Order being exercised. 5 Any works carried out under this Order are deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act for the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967. 6 In paragraph (3), “ enforcement action ” means any enforcement action provided for under Part 7 of the 1990 Act. Application of landlord and tenant law 57 1 This article applies to— a any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and b any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use. 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 such enactment or rule of law applies 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. Defence to proceedings in respect of statutory nuisance 58 1 Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (d), (e), (fb), (g), and (ga) of section 79(1) (statutory nuisances and inspections therefor.) 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 the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the construction or maintenance 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; or 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 or operation of the authorised development and that it cannot reasonably be avoided. 2 For the purposes of paragraph (1), compliance with the controls and measures described in the Code of Construction Practice or any environmental management plan approved under paragraph 4 of Schedule 2 to this Order will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided. 3 Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development. Protection of interests 59 Schedule 14 (protective provisions) has effect. Deemed marine licence 60 The marine licence set out in Schedule 15 (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. SACR 61 1 The undertaker must when carrying out the authorised development implement the measures contained in Parts 1 to 3 of the SACR (including the amendments required by paragraph 30 (amendments to be made to the SACR) of Part 3 (amendments to be made to the control documents) of Schedule 2 (requirements)) unless— a otherwise agreed in writing with the person with the benefit of the measure; or b an application submitted by the undertaker for revocation, suspension or variation of the measure has been approved in writing by the Secretary of State, following consultation by the undertaker with the person(s) with the benefit of the measure and any other persons considered appropriate. 2 When determining whether to approve a revocation, suspension or variation of a measure under paragraph (1)(b), the Secretary of State— a must consider the safe and expeditious delivery of the authorised development and whether— i the measure is capable of implementation; ii the measure no longer serves a useful purpose; and iii the purpose of the measure could be served equally well with any proposed revocation, suspension or variation, and b may consider additional matters that the Secretary of State considers relevant. 3 In relation to an application under paragraph (1)(b)— a the SACR is deemed to be modified so as to give effect to any revocation, suspension or variation approved by the Secretary of State; and b the undertaker must, as soon as reasonably practicable after the Secretary of State determines an application for the revocation, suspension or variation of a measure, notify the person(s) with the benefit of the measure of that determination. 4 Paragraph 22 of Schedule 2 (requirements) applies to an application to the Secretary of State for revocation, suspension or variation under paragraph (1)(b) as though it were a consultation required under that Schedule. 5 The undertaker must, as soon as practicable following the exercise of any power under this Order, establish and maintain for a period of 3 years following the completion of the authorised development a register in electronic form, suitable for inspection by members of the public, which sets out in relation to each measure secured under paragraph (1)— a the status of the measure; and b whether any approval has been given or agreement made under paragraph (1)(a) or (b). Certification of documents, etc. 62 1 As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 16 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents. 2 Where any plan or document set out in Schedule 16 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1). 3 A plan or document so certified will be admissible in any proceedings as evidence of the contents of the document of which it is a copy. 4 The undertaker must, following certification of the plans or documents in accordance with paragraph (1), make those plans or documents available in electronic form for inspection by members of the public. Service of notices 63 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 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 will be 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 will 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 will be final and will take 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 is not to 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. Arbitration 64 1 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. 2 Subject to article 65 (financial arrangements for the Kent Downs National Landscape), any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration. Financial arrangements for the Kent Downs National Landscape 65 1 The undertaker, Natural England and the Kent Downs National Landscape Unit (“ the parties ”) are to agree in writing the financial contribution to be made available by the Applicant for the benefit of the Kent Downs National Landscape having regard to the amended duty under section 85 of the Countryside and Rights of Way Act 2000 . 2 The agreement referred to in paragraph (1) is to be made prior to the commencement of the authorised development or the tunnel being open for use, whichever is the earlier. 3 The financial contribution referred to in paragraph (1) is not to duplicate previously agreed mitigation or compensation measures already recorded in the SACR. 4 The financial contribution referred to in paragraph (1) is to be used in accordance with the Kent Downs AONB Management Plan or any superseding document. 5 If agreement is not reached regarding the financial contribution, the parties are to agree that the matter is referred to an agreed independent assessor or arbitrator, or failing agreement to be appointed on the application of any of the parties (after giving notice to the other parties) by the President of the Institution of Civil Engineers (“the President”). 6 The parties are to agree a timetable with, and the provision of papers and documents to, the agreed independent assessor or arbitrator or with the arbitrator appointed by the President. 7 The costs of the consideration of the financial contribution (referred to in paragraph (1)) by the agreed independent assessor or arbitrator, or the arbitrator appointed by the President, is to be paid by the undertaker. 8 The reasonable costs of the Kent Downs National Landscape Unit is to be agreed between the parties and paid by the undertaker. 9 The agreed independent assessor or arbitrator or the arbitrator appointed by the President is to prepare a recommendation regarding the appropriate level of the financial contribution referred to in paragraph (1).The recommendation referred to in paragraph (7) is to be submitted to the Secretary of State by the undertaker together with any supporting papers and documents provided to the agreed independent assessor or arbitrator or arbitrator appointed by the President. 10 In relation to the recommendation, the Secretary of State may— a approve the recommendation; b refuse the recommendation; or c modify the recommendation in such way as the Secretary of State thinks fit. 11 The undertaker is required to amend the SACR so as to record— a the written agreement regarding the financial contribution referred to in paragraph (1); or b the outcome of the approved or modified recommendation, before it is submitted for certification to the Secretary of State in accordance with article 62 Power to override easements and other rights 66 1 Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) 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 use of land arising by contract. 2 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. 3 Subject to article 67 (no double recovery), where any interest, right or restriction to which this article applies is interfered with or breached under paragraph (1), unless otherwise agreed, 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 way 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. 4 Where a person deriving title under the undertaker by whom the land in question was acquired— a is liable to pay compensation by virtue of paragraph (3); and b fails to discharge that liability, the liability is enforceable against the undertaker. 5 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). 6 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). No double recovery 67 Compensation will not be 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 articles of this Order. Interface with waste operation permits 68 1 Before the undertaker carries out an authorised activity which would give rise to inconsistency or conflict with an existing permit, it may— a consult the Environment Agency and the permit holder on a draft environmental scheme; b amend that scheme as appropriate to take into account of representations received; and c submit the final scheme to the Environment Agency, and serve a copy of that scheme on the permit holder, but if the undertaker decides not to submit an environmental scheme, it must give reasonable notice to any permit holder to enable appropriate steps to be taken to ensure it continues to be able to comply with its permit. 2 The Environment Agency must within 56 days (or such other period as the undertaker and the Environment Agency may agree) of receipt of the final scheme under paragraph (1)(c) make a regulator initiated variation to the relevant existing permit. 3 The Environment Agency must, subject to its duties under the 2016 Regulations, ensure that the regulator initiated variation referred to in paragraph (2)— a allows the authorised activity to be carried out in accordance with the environmental scheme; and b minimises the need for any future variations to the existing permit arising from an authorised activity. 4 In relation to a regulator initiated variation made pursuant to this article, the 2016 Regulations are to be construed so that— a regulation 20(2) (variation of an environmental permit) does not apply where the Environment Agency (or, in the case of an appeal, the appropriate authority) agrees that the conditions in paragraph 14(1)(a) and (b) (surrender applications) of Part 1 of Schedule 5 to the 2016 Regulations are satisfied by the environmental scheme; b where a regulator initiated variation made pursuant to this article includes provision to reduce the extent of the site of a regulated facility, an application for a surrender of a permit in respect of land which, by virtue of that variation, is no longer the site of a regulated facility will not be required; c paragraph 8 (public participation in relation to certain applications) of Part 1 of Schedule 5 to the 2016 Regulations does not apply; d paragraph 9 (consultation: conditions mentioned in regulation 15(1)) of Part 1 of Schedule 5 to 2016 Regulations does not apply so as to require notice to be served on the undertaker; e both the undertaker and the permit holder have a right of appeal under regulation 31(1)(c)(i) (applications to an appropriate authority); f if the Environment Agency fails to comply with paragraph (2), the undertaker may serve a notice under paragraph 2(1) (making an appeal) of Schedule 6 of the 2016 Regulations and the undertaker may then appeal under regulation 31(1)(a), as if the failure were a refusal of an application under the Regulations; g the appropriate authority for the purposes of regulation 31 is the Secretary of State for Transport; h the permit holder must be served with a copy of an appeal made by the undertaker within 14 days of it being lodged and will have the right to make representations and appear at the appeal as an interested party; and i no requirements relating to publicity of an appeal apply. 5 Charges that would otherwise apply to a regulator initiated variation under the charging scheme are substituted by a requirement for the undertaker to pay to the Environment Agency its reasonable costs incurred in connection with paragraphs (1) to (3) of this article. 6 Regulation 25 (application for the surrender of an environmental permit) of the 2016 regulations is to be construed to allow the undertaker to make an application, following consultation with the permit owner and the Environment Agency, to surrender in whole or in part an existing permit in respect of land which has been, or is proposed to be, compulsorily acquired by the undertaker under this Order. 7 If a surrender application is made under paragraph (6) the undertaker must pay the surrender application charge that would otherwise have been payable by the permit holder under the charging scheme and regulation 31 of the 2016 Regulations is construed so that the undertaker may exercise the appeal rights associated with the application in place of the permit holder. 8 In the case of a surrender application under paragraph (6) or a determination under paragraph 4(a) the requirement in paragraph 14(1)(b) of Part 1 of Schedule 5 to the 2016 Regulations is to be construed so that regard is also had to the use of the site subject to the application in connection with an authorised activity. 9 Nothing in this article affects— a the requirement under the 2016 Regulations for a regulated facility to be authorised by an environmental permit; or b the right of a permit holder to make an application for a variation or surrender of an environmental permit under the 2016 regulations. 10 In this article— “ the 2016 Regulations ” means the Environmental Permitting (England and Wales) Regulations 2016 and unless otherwise specified, expressions used in this article have the same meaning as in those Regulations; “ authorised activity ” means any works or activities authorised by this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of functions conferred by this Order; “ charging scheme ” means the Environment Agency (Environmental Permitting and Abstraction Licensing) (England) Charging Scheme 2022 , and includes any subsequent amendment to that scheme or any new scheme; “ environmental scheme ” means a written scheme containing appropriate measures to ensure— the continued effective operation of the existing permit; the methods to be used to remove or separate existing waste from land subject to an existing permit or land on which an authorised activity is carried out; monitoring of land, air and water, equivalent to that required under existing permit and measures relating to surrender which arise as a result of an authorised activity; continued access arrangements, including in relation to monitoring, for the permit holder in connection with land retained by the permit holder which remains subject to the existing permit; and an equivalent level of environmental protection to that which would be provided by either the existing permit or permit conditions complying with Schedules 7, 9 and 10 of the Regulations; and “ existing permit ” means any environmental permit in respect of a waste operation whether granted under the 2016 Regulations (or any predecessor or substituted regulations) before or after the coming into force of this Order granted by the Environment Agency on or over the Order limits, excluding any environmental permit obtained by the undertaker. Signed by authority of the Secretary of State for Transport Gareth Leigh Head of Transport and Works Act Orders Unit Department for Transport 25th March 2025