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The London Gateway Port Harbour Empowerment Order 2008

Type Statutory-Instrument

Publication 2008-05-02

Last updated 2020-09-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Work No. 3 — Improvement works to the A13/A1014 Junction comprising a road (1235 metres in length along Chainage Reference A) commencing at the termination point of Work No. 2, passing north-eastwards and terminating adjacent to a track at a point 300 metres north-east of the A1014 Manorway Junction at Stanford-le-Hope, and a road (800 metres in length along Chainage Reference B) commencing at a point 350 metres north-west of The Manorway rail overbridge, passing south-eastwards and terminating at the Southend Road overbridge. The improved A13/A1014 Junction will incorporate a circulatory road which will cross the roads described in this work on bridges, and will incorporate slip roads and bell-mouth junctions enabling vehicular access to and egress from the A13/A1014 Junction to and from the road described in this work, the A1013 Stanford Road and the B1007. This work will also incorporate service crossings, a culvert extension and areas for temporary or ancillary works.

Work No. 4 — Improvement works to the A1014 comprising a road (750 metres in length) commencing at termination point of Work No. 3, Chainage Reference B (the Southend Road overbridge), passing eastwards and terminating immediately west of the Abbotts Hall Chase A1014 underpass, and incorporating service crossings and a pedestrian crossing. This work will also incorporate a footpath commencing at a point 100 metres west of the existing western A1014 subway, passing generally eastwards and terminating at a point 20 metres east of the existing western A1014 subway.

Work No. 5 — Improvements to the A1014 Sorrells Roundabout comprising a road (667 metres in length along Chainage Reference A) commencing at the termination point of Work No. 4, passing north-eastwards and terminating at a point 300 metres north-east of the existing A1014 Sorrells Roundabout, and a road (300 metres in length along Chainage Reference B) commencing at a point south of No. 231 Corringham Road, passing southwards and terminating at a point 250 metres north of High Road. The improved A1014 Sorrells Roundabout will incorporate a circulatory road which will incorporate the roads described in this work and slip roads and bell-mouth junctions enabling vehicular access to and egress from the A1014 Sorrells Roundabout to and from the roads described in this work, The Sorrells and Corringham Road. This work will also incorporate a pedestrian crossing, service crossings and areas for temporary or ancillary works.

Work No. 6 — Road access into the port development comprising a road (4029 metres in length along Chainage Reference A) commencing at the termination point of Work No. 5, Chainage Reference B, passing south-eastwards and then eastwards, crossing the road described in Work No. 8, crossing the Thameshaven Branch Line and sidings on the level crossing described in Work No. 7 and terminating at a point 10 metres south of the existing Thameshaven Branch Line. A road (520 metres in length along Chainage Reference B) commencing at a junction with the first road described in this work at a point 425 metres south-west of the existing bitumen plant, passing southwards and then south-eastwards, crossing the realigned Thameshaven Branch Line and sidings (Works Nos. 9 and 10) on a bridge or a level crossing and terminating within the area of jurisdiction, and a road (450 metres in length along Chainage Reference C) commencing at a junction with the first road described in this work at a point 230 metres east of the existing refinery control room, passing southwards and then south-eastwards, crossing the realigned Thameshaven Branch Line and sidings (Works Nos. 9 and 10) on a bridge before turning eastwards and terminating within the area of jurisdiction. This work will incorporate road crossings, service crossings, culvert crossings, pedestrian crossings and level crossings. This work also includes a footpath (1615 metres in length along Chainage Reference D) commencing at a point 70 metres west of the existing refinery electrical intake substation, passing northwards across the first road described in this work, then following existing field boundaries to the end of the existing Great Garlands farm track, before terminating at a point 195 metres north-west of the existing refinery Gate 1 access road.

Work No. 7 — A road (1013 metres in length) commencing at the existing Gate 3 access to the refinery, passing generally southwards and terminating at a point 10 metres south of the existing eastern level crossing of the Thameshaven Branch Line. The road will cross the first road described in Work No. 6, and will incorporate a level crossing of the Thameshaven Branch Line and service crossings.

Work No. 8 — A road (993 metres in length) commencing at a point 260 metres south-west of the existing bitumen plant, passing northwards and crossing the first road described in Work No. 6 and terminating at the existing Gate 1 access.

Work No. 9 — A double track railway (5330 metres in length) commencing at a point 60 metres north of the existing junction of the Thameshaven Branch Line with the London Tilbury and Southend Railway mainline, passing northwards, turning eastwards and crossing over a new Mucking Creek railway bridge. The railway continues eastwards along the existing railway corridor, crossing over a new Wharf Road railway bridge and enters the area of jurisdiction north of the existing surface water outfall at Reactor Quay. The railway continues eastwards within the area of jurisdiction and terminates at a point east of the existing eastern level crossing at the intersection with the existing Thameshaven Branch Line. The railway will incorporate vehicular and pedestrian level crossings, service crossings, culvert crossings, surface water outfall crossings and protective works to a pylon situated 105 metres north-east of the existing Stanhope Industrial Park water tower. This work also includes the diversion of two foul mains 25 metres south of the existing Mucking Creek railway bridge and a new foul pumping main commencing at the pumping chamber in the Anglian Water sewage pumping station, passing eastwards to the northern edge of Stanhope Industrial Park access road, crossing under the railway described in this work and terminating 50 metres south-east of the existing refinery electrical intake substation.

Work No. 10 — A railway (3465 metres in length) consisting of multiple loading sidings, reception sidings, loco-shunting sidings and crippled wagon sidings, commencing at the western end by junctions with the double track railway described in Work No. 9, passing eastwards, incorporating junctions with the railway described in Work No. 9 and terminating at buffers.

Work No. 11 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 1, passing north-eastwards along the existing shore line through Coordinates Reference 5 to Coordinates Reference 2, to the south by a line commencing at Coordinates Reference 3, passing north-eastwards and terminating at Coordinates Reference 4, to the west by a line commencing at Coordinates Reference 3, passing north-westwards and terminating at the existing shoreline at Coordinates Reference 1 and to the east by a line commencing at Coordinates Reference 4, passing north-westwards and terminating at the existing shoreline at Coordinates Reference 2, as shown on the deposited plans: Demolition of any structures, including jetties and other berthing structures; reclamation of an area of the river with a bund in front for the construction of port facilities and infrastructure; port surfacing and construction of a quay wall, and other above ground works, including associated storage areas, construction of buildings and supporting facilities, drainage, ducting etc.; on reclaimed or surfaced areas, temporary stockpiles for construction materials; and temporary offices and workshops, including concrete batching plants and aggregate processing plants.

Work No. 12 — This work may be carried out within an area bounded to the north by the existing shore line commencing at Coordinates Reference 5, passing generally eastwards and terminating at Coordinates Reference 6, to the south by a line commencing at Coordinates Reference 7, passing north-eastwards and terminating at Coordinates Reference 8, to the west by a line commencing at Coordinates Reference 7, passing north-westwards along the boundary of Work No. 17 to the boundary of Work No. 11 at Coordinates Reference 3, following the southern boundary of Work No. 11 north-eastwards to Coordinates Reference 4, north-westwards to Coordinates Reference 2 and south-westwards to the existing shoreline at grid reference Coordinates Reference 5, and bounded to the east by a line commencing at grid reference Coordinates Reference 8, passing north-westwards and terminating at the existing shoreline at Coordinates Reference 6, as shown on the deposited plans: Demolition of any structures, including jetties and other berthing structures; reclamation of an area of the river with a bund in front for the construction of port facilities and infrastructure; port surfacing and construction of a quay wall or jetty, and other above ground works, including associated storage areas, construction of buildings and supporting facilities, drainage, ducting, etc.

Work No. 13 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 9, passing eastwards to Coordinates Reference 16, continuing generally eastwards following the southern boundary of Work No. 18 to Coordinates Reference 11, and then continuing eastwards and terminating at Coordinates Reference 10, and bounded to the west by the existing shoreline and to the south by the existing shoreline and Works Nos. 11 and 17, and to the east by a line commencing at Coordinates Reference 5, passing northwards and terminating at Coordinates Reference 10, as shown on the deposited plans: Filling of land for the construction of port facilities and infrastructure; port surfacing and construction of a retaining wall and other above ground works, including associated storage areas, construction of buildings and supporting facilities, drainage, ducting, etc.; construction of general civil works, earthworks, drainage, ducting, etc. in connection with the construction of Works Nos. 9 and 10; and temporary stockpile areas for construction materials, temporary offices and workshops, including concrete batching plants and aggregate processing plants.

Work No. 14 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 11, passing generally eastwards, turning south-eastwards at Coordinates Reference 19 to Coordinates Reference 12, then turning north-eastwards and terminating at Coordinates Reference 13, bounded to the south by a line commencing at Coordinates Reference 5, passing eastwards following the existing shoreline and the northern boundary of Works Nos. 12 and 24 and terminating at Coordinates Reference 14, bounded to the west by Work No. 13 and to the east by Work No. 16 and by a line commencing at Coordinates Reference 14, passing north-westwards and terminating at Coordinates Reference 13, as shown on the deposited plans: Filling of land for the construction of port facilities and infrastructure; port surfacing and construction of a quay wall and other above ground works, including associated storage areas, construction of buildings and supporting facilities, drainage, ducting, etc.; and construction of general civil works, earthworks, drainage, ducting, etc., in connection with the construction of Works Nos. 9 and 10.

Work No. 15 — This work may be carried out within an area bounded to the north and east by a line commencing at Coordinates Reference 15, passing south-eastwards and terminating at Coordinates Reference 16, to the south by a line commencing at Coordinates Reference 9, passing eastwards following the northern boundary of Work No. 13 and terminating at Coordinates Reference 16, and to the west by a line commencing at Coordinates Reference 15, passing south-eastwards following the existing shoreline and terminating at Coordinates Reference 9, as shown on the deposited plans: Filling of land for the construction of port facilities and infrastructure; port surfacing and construction of a retaining wall and other above ground works, including associated storage areas, construction of buildings and supporting facilities, drainage, ducting, etc.; and construction of general civil works, earthworks, drainage, ducting, etc., in connection with the construction of Works Nos. 9 and 10.

Work No. 16 — This work may be carried out within an area bounded to the north and east by a line commencing at Coordinates Reference 17, passing south-eastwards following the existing railway and terminating at Coordinates Reference 18, and to the south and west by a line commencing at Coordinates Reference 17, passing southwards to Coordinates Reference 19, turning south-eastwards and following the north-eastern boundary of Work No. 14 to Coordinates Reference 12, then turning north-east and terminating at Coordinates Reference 18, as shown on the deposited plans: Filling of land for the construction of port facilities and infrastructure.

Work No. 17 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 21, passing north-eastwards to Coordinates Reference 22 then passing southwards and eastwards following the existing shore line and terminating at Coordinates Reference 1, to the east by a line commencing at Coordinates Reference 7, passing north-westwards following the western boundaries of Works Nos. 11 and 12 and terminating at the existing shore line at Coordinates Reference 1, to the west by a line commencing at Coordinates Reference 20, passing north-westwards and terminating at Coordinates Reference 21, and to the south by a line commencing at Coordinates Reference 20, passing north-eastwards and terminating at Coordinates Reference 7, as shown on the deposited plans: Temporary works to facilitate the construction of Work No. 11 and placement of permanent rock armour on the riverbed.

Work No. 18 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 16, passing eastwards and terminating at Coordinates Reference 11, and to the south by the northern boundary of Work No. 13, as shown on the deposited plans: Construction of general civil works, earthworks, drainage, ducting, etc., in connection with the construction of Works Nos. 9 and 10; and temporary stockpile areas for construction materials, offices and workshops, including concrete batching plants and aggregate processing plants.

Work No. 19 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 23, passing eastwards and terminating at Coordinates Reference 24, to the south by a line commencing at Coordinates Reference 25, passing generally eastwards following the northern boundary of Works Nos. 14, 15 and 18, to the east by a line commencing at Coordinates Reference 17, passing northwards and terminating at Coordinates Reference 24, and to the west by a line commencing at Coordinates Reference 25, passing northwards and terminating at Coordinates Reference 23, as shown on the deposited plans: Construction of general civil works, earthworks, drainage, ducting, etc., in connection with the construction of Works Nos. 9 and 10.

Work No. 20 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 26, passing north-eastwards and terminating at the western boundary of Work No. 17 at Coordinates Reference 29, to the west by a line commencing at Coordinates Reference 26, passing south-eastwards and terminating at Coordinates Reference 27, to the east by a line commencing at Coordinates Reference 28, passing north-westwards to the southern boundary of Work No. 17 at Coordinates Reference 7, turning south-westwards to Coordinates Reference 20, then turning north-westwards to Coordinates Reference 29 and to the south by a line commencing at Coordinates Reference 27, passing north-eastwards and terminating at Coordinates Reference 28, as shown on the deposited plans: River training works consisting of one or more low-level retaining structures.

Work No. 21 — A road (849 metres in length) commencing by a junction with Work No. 6, passing generally south-eastwards and terminating at the new quay wall described in Work No. 12 or the new jetty described in Work No. 24.

Work No. 22 — A pipeline (801 metres in length) for the purposes of carrying petroleum product commencing at the boundary of the existing Shell tank farm, crossing the Thameshaven Branch Line and the railway described in Works Nos. 9 and 10, passing generally south-eastwards and terminating at the new jetty described in Work No. 24.

Work No. 23 — A pipeline (3186 metres in length) for the purposes of carrying bitumen product commencing at the boundary of the existing bitumen plant expansion area at a point 160 metres south-east of the bitumen plant, passing southwards, then eastwards, crossing the Thameshaven Branch Line and the railway described in Works Nos. 9 and 10, and then passing generally south-eastwards and terminating at the new jetty described in Work No. 24.

Work No. 24 — This work may be carried out within an area bounded to the north by a line commencing at Coordinates Reference 6, passing generally eastwards following the existing shore line and the southern boundary of Work No. 14 and terminating at Coordinates Reference 14, to the south by a line commencing at Coordinates Reference 8, passing north-eastwards and terminating at Coordinates Reference 30, to the west by a line commencing at Coordinates Reference 8, passing north-westwards following the eastern boundary of Work No. 12 to Coordinates Reference 6, and to the east by a line commencing at Coordinates Reference 30, passing north-westwards and terminating at the existing shoreline at Coordinates Reference 14, as shown on the deposited plans: Demolition of any structures, including jetties and other berthing structures and construction of a jetty.

Work No. 25 — Mitigation works comprising the creation of up to 33 hectares of mudflat by lowering the existing ground level, breaching the existing sea wall and constructing a new sea wall or bund (950 metres in length) commencing by existing footpath FP190 at a point 400 metres south of The Warren cottages, passing eastwards and terminating by existing footpath FP190 at a point 200 metres south-east of Stanhope Industrial Park by Stanford-le-Hope Marshes.

Work No. 26 — Mitigation works comprising the creation of at least 41 hectares of mudflat by lowering the existing ground level, breaching the existing sea wall which commences at a point east of Cliffe Sluice, passes eastwards and terminates east of Salt Fleet and constructing a new sea wall (2720 metres in length along Chainage Reference A) commencing at a point east of Cliffe Sluice by a junction with the existing sea wall, passing eastwards for 50 metres, southwards for 860 metres, turning eastwards following the northern bank of Hope Fleet to the junction with Salt Fleet, then following the northern bank of Salt Fleet before crossing Salt Fleet and turning northwards behind the existing sea wall and terminating at a point east of Salt Fleet by Egypt Bay. This work includes the construction of a temporary quay extending from the existing sea wall for construction and maintenance access only, construction of a temporary road (1712 metres in length along Chainage Reference B) for construction and maintenance access only commencing at a point 180 metres north-east of the junction of Hope Fleet with Salt Fleet, passing south-eastwards for 1712 metres and terminating at the junction with the old sea wall by Decoy Fleet, and improvements to the existing tracks which run, respectively, from the sheepfold adjacent to existing footpath FP37, passing northwards to a point 480 metres east of Cliffe Sluice (836 metres in length along Chainage Reference C), and from Decoy Fleet, passing southwards, to a point 330 metres south-west of Bromhey Farm (2426 metres in length along Chainage Reference D).

SCHEDULE 2 — RESTRICTIONS ON WORKS

1

In this Schedule, “building” does not include any form of crane or flood lighting column or similar such structure.

Containers and associated equipment

2

Within the port premises, containers may not be stacked above an elevation of 35 metres AOD.

3

Within the port premises, gantry cranes used for stacking or otherwise handling containers may not be installed or used above an elevation of 48 metres AOD.

4

Quayside container cranes may only be used in the area hatched brown on the planning restrictions plan and must not—

(a) exceed 35 in number;

(b) have an elevation (with boom up) exceeding 145 metres AOD; or

5

Quayside equipment other than container cranes, such as general cargo cranes and oil products loading arms, may only be installed and operated in the area hatched brown on the planning restrictions plan and may not have an elevation exceeding 137 metres AOD.

Other height restrictions

6

Subject to paragraph 10, in the area washed in yellow on the planning restrictions plan, buildings may not be constructed above an elevation of 40 metres AOD.

7

In the area washed in blue on the planning restrictions plan, buildings may not be constructed above an elevation of 13 metres AOD except for one building to be used for port marine control purposes and its associated radio and radar masts and antennae, which may be constructed to a maximum elevation of 60 metres AOD.

8

Material dredged pursuant to article 13 (power to dredge) may only be stored or stockpiled in the area stippled on the planning restrictions plan and up to an elevation of 25 metres AOD.

9

Within the port premises, internal harbour security fencing shall not exceed 4 metres in height above ground level.

Railways

10

In the area cross-hatched on the planning restrictions plan, railway lines and associated railway plant, machinery, bridges and buildings may not be constructed above an elevation of 20 metres AOD.

11

Only in the area cross-hatched on the planning restrictions plan may the following take place—

(a) the construction, operation, re-laying, improvement and reconstruction of at grade and grade-separated crossings of rail and road; and

(b) the relocation or reconstruction, for the purposes of the operation of the undertaking, of the works described in Work No. 10.

Other construction restrictions

12

No flood lighting columns shall be constructed within 50 metres of the riverward boundaries of the port premises but this shall not prevent the use of lights on equipment referred to in paragraphs 4 and 5.

13

No more than five entry and exit complexes with associated gate facilities, barriers, fencing, inspection and security huts to serve the port premises are permitted.

14

No more than one multi-storey car storage facility is permitted with a maximum gross internal floor space of 425,000 square metres and a maximum height of 20 metres AOD.

15

No more than one multi-storey car park is permitted with a maximum gross internal floor space of 20,000 square metres and a maximum height of 20 metres AOD.

Activities permitted for construction or operational purposes only

16

Once constructed—

(a) no part of the water frontage of the authorised works may be used other than for the berthing of vessels; and

(b) no part of the water frontage of the authorised works between Coordinates Reference 1 and Coordinates Reference 7 as shown on Sheet No. 216 of the deposited plans may be used for the berthing of container vessels or roll-on roll-off ships.

17

Construction plant, concrete batching plant, temporary grading, washing and weighing plant, temporary bridges, conveyor systems, haul roads, accesses, temporary buildings and offices and plant working spaces are only permitted to facilitate the construction or maintenance of the authorised works and for no other purpose and shall be removed once the use for which they were installed has ceased.

18

Storage of fuels including diesel, petroleum or liquid petroleum gas within the port premises is only permitted for the purposes of the operation of the undertaking.

19

The underground storage and pumping of storm, surface and waste water, and the construction of pump houses, foul sewage pumping stations and drainage systems is only permitted within the port premises to the extent that those activities and facilities are required for the purposes of the operation of the undertaking.

20

The construction and operation of electricity sub-stations is only permitted within the port premises to the extent required for the purposes of the operation of the undertaking.

21

No signage is permitted within the port premises other than that which is required for the purposes of the operation of the undertaking. This may include, without limitation, directional signage, signage required for health and safety purposes as well as logos and branding on structures or apparatus.

22

No relocation, reconstruction or improvement of the existing bitumen and aviation fuel pipeline within the port premises is permitted other than for the purposes of the construction of the authorised works.

23

Subject to paragraph 24, the area of jurisdiction shall not be used for any purpose other than as a harbour for container handling together with ancillary cargo and other uses incidental to the functions of the Harbour Authority and such other uses as are authorised by this Order.

24

Paragraph 23 shall not preclude—

(a) the permanent use of no more than 36 hectares of the area of jurisdiction for Ro-Ro use, including car import and export and ancillary uses;

(b) the temporary use of the whole or part of the area of jurisdiction in excess of 36 hectares for Ro-Ro use, for separate periods for each part, or for the whole, of no more than five years in any one case;

(c) the permanent use of facilities and land within the area of jurisdiction for the handling of oil and other fuel products; or

(d) the use during construction of any part of the area of jurisdiction for the stockpiling, storage and handling of dredged materials by way of an aggregates wharf.

Application of Town and Country Planning legislation

25

The provisions of this Schedule shall be deemed to be conditions subject to which a planning permission was granted under section 70 of the 1990 Act and, accordingly, they shall be subject to the provisions of that Act and all associated legislation and, in particular, they may be varied in their application to the authorised works in accordance with sections 73, 73A and 97 of the 1990 Act and the Town and Country Planning (General Development Procedure) Order 1995[^f00033].

SCHEDULE 3 — DREDGING WORKS

1

In this Schedule—

(a) “Coordinates Reference” means the relevant coordinates reference shown on the deposited plans and deposited sections and set out in the table below—

Coordinates Reference	Eastings	Northings
D1	571362	180820
D2	571384	180722
D3	574375	181476
D4	574452	181391

(b) References to named channels and areas are references to such channels and areas as are shown from time to time on the relevant charts.

2

The works referred to in article 13(1) are as follows—

Dredging Work No. 1 — An area of the riverbed— for use as a manoeuvring area for vessels; bounded to the north by the berthing pocket authorised to be dredged by Dredging Work No. 4 for the length of that work and extending southwards into the river to the northern limit of the main channel; and dredged to a maximum depth of 14.5 metres below chart datum.

Dredging Work No. 2 — A deep water channel— which provides access for vessels navigating to and from London Gateway Port; with a centre line (illustratively shown on Sheets Nos. 211 to 213 of the deposited plans) commencing at reference point E571807 and N180266 and continuing east along the Yantlet Channel, The Oaze, the Knock John Channel and parts of the Black Deep and terminating in the area of the sea known as The Sunk; 300 metres wide at the base of the channel; and dredged to the following maximum depths and subject to Dredging Works Nos. 1 and 4— in the Yantlet Channel to 14.5 metres below chart datum; in The Oaze to 16.5 metres below chart datum; in the Knock John Channel to 15 metres below chart datum; in the Black Deep to 16.5 metres below chart datum; and in The Sunk to 16.5 metres below chart datum.

Dredging Work No. 3 — A deep water anchorage— which provides a safe anchorage for deep draught vessels navigating to and from London Gateway Port; in the position of the existing Zulu 3 anchorage at reference point E595852 and N181215, 183 degrees and 0.54 nautical miles from Shoebury Beacon; with a diameter of 926 metres at the base of the anchorage; and dredged to a depth not exceeding 16 metres below chart datum.

Dredging Work No. 4 — An area of the river— for use as a berthing pocket for vessels; bounded to the north by the quay wall authorised to be constructed by a line commencing at Coordinates Reference D1, passing eastwards and terminating at Coordinates Reference D3, to the south by a line commencing at Coordinates Reference D2, passing eastwards and terminating at Coordinates Reference D4, to the west by a line commencing at Coordinates Reference D2, passing north and terminating at Coordinates Reference D1 and to the east by a line commencing at Coordinates Reference D4, passing northwards and terminating at Coordinates Reference D3, as shown on the deposited plans; and dredged to a maximum depth of 16 metres below chart datum.

Dredging Work No. 5 — Works ancillary to Work No. 17 and to the reclamation works authorised by Works Nos. 11 and 12 as required— for a temporary reclamation bund in order to facilitate those reclamation works, such a bund, where it is along the southern side of Works Nos. 11 and 12, not to extend into the river for a distance exceeding 60 metres southward of the general line of the quay wall authorised by those reclamation works; and to accommodate on the riverbed in the berthing pocket authorised by Dredging Work No. 4 permanent rock armour as scour protection for the quay wall.

SCHEDULE 4 — STOPPING UP OF FOOTPATHS AND BRIDLEWAY AND NEW PUBLIC RIGHTS OF WAY TO BE SUBSTITUTED

(1) Footpaths and bridleway to be stopped up	(2) Extent of stopping up	(3) New footpaths and bridleways to be substituted
Borough of Thurrock	Borough of Thurrock	Borough of Thurrock
Footpath 189 (part)	Between points V and Y on Sheet No. 269 of the deposited plans.	New bridleway of 5 metres in width between points X and W shown on Sheets Nos. 268 and 269 of the deposited plans.
Bridleway 39 (part)	Between points V and X on Sheet No. 269 of the deposited plans.	New bridleway of 5 metres in width between points X and W shown on Sheets Nos. 268 and 269 of the deposited plans.
Footpath 81 (part)	From its junction with the northern verge of the A13 immediately to the west of the western boundary of the eastbound A13 service area, running within the verge of the A13 to its junction with the footpath overbridge carrying Footpath 12, Thurrock, as shown on Sheet No. 272 of the deposited plans.	New footpath 1.5 metres in width running in a parallel alignment to that length to be stopped up but 5 metres north of the length of footpath to be stopped up, as shown on Sheet No. 272 of the deposited plans.
Footpath 190 (part)	From a point 200 metres west of its crossing of the Thameshaven Branch Line in a south-westerly direction and then north-westerly direction following the existing sea wall for a distance of 1165 metres to a point 200 metres south of the end of Wharf Road, as shown on Sheet No. 270 of the deposited plans.	New bridleway 5 metres in width running from a point 188 metres west of the crossing of Footpath 190 (part) of the Thameshaven Branch Line in a generally south-westerly direction for 1000 metres to a point 180 metres south of the end of Wharf Road, as shown on Sheet No. 270 of the deposited plans.
Medway Unitary Authority	Medway Unitary Authority	Medway Unitary Authority
Footpath 357 (part) in Medway	From a point 350 metres east of the existing surface water outfall sluice (“Cliffe Sluice”) in a easterly, then south-easterly and then southerly direction following the existing sea wall for a distance of 1920 metres to a point west of Egypt Saltings, as shown on Sheet No. 271 of the deposited plans.	New footpath 3 metres in width running from a point 350 metres east of Cliffe Sluice in a southerly direction for 460 metres and then generally easterly for 240 metres before turning northwards for 325 metres and then south-easterly for a distance of 250 metres turning easterly for 325 metres before turning south-easterly to rejoin the existing sea wall due west of Egypt Saltings, as shown on Sheet No. 271 of the deposited plans.

SCHEDULE 5 — APPLICATION OF PERMITTED DEVELOPMENT RIGHTS

PART 1 — GENERAL PERMITTED DEVELOPMENT

1

(1) In their application to any development authorised by this Order, or to other development carried out on land which falls to be operational land of London Gateway Port by virtue of this Order, article 3 of, and Parts 11 and 17 of Schedule 2 to the 1995 Order (which permit development authorised by a harbour empowerment order designating specifically both the nature of the development thereby authorised and the land on which it may be carried out, and development by certain statutory undertakers, respectively) shall have effect—

(a) in the case of Part 11 only, as if the authority to construct given by this Order were limited to the authorised works substantially begun within twenty five years of the coming into force of this Order, or such extended period as the Secretary of State may, on the application of the Harbour Authority, allow; and

(b) subject to the restrictions contained in Schedules 2 and 6 to this Order.

(2) Nothing in sub-paragraph (1) shall affect the carrying out of any development which consists of any maintenance of the authorised works, which (to the extent it would not otherwise be) shall be permitted development as if it were included in article 3 of, and Parts 11 and 17 of Schedule 2 to the 1995 Order.

2

(1) Any change of use of the port premises to a use (other than an occasional or incidental use) which falls outside the development referred to in articles 10 to 13 shall be deemed to be a material change of use requiring planning permission granted on an application made under Part 3 of the 1990 Act or under any relevant provisions of the 1995 Order or the 1964 Act.

(2) Sub-paragraph (1) shall not have effect to restrict permitted development rights conferred by Parts 11 and 17 of Schedule 2 to the 1995 Order (which grants planning permission for the construction of the authorised works and use of the land authorised by this Order).

PART 2 — HABITATS REGULATIONS

3

Subject to paragraph 4, regulation 60(1) of the Habitats Regulations shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the 1995 Order for the class of development described as permitted development in Parts 11 and 17 of Schedule 2 to the 1995 Order.

4

If and to the extent that any development authorised by this Order—

(a) does not form part of a plan or project which was subject to an appropriate assessment under regulation 48 of the Habitats Regulations in connection with the making of this Order; and

(b) is not subject to a further consent, permission or authorisation by a competent authority within the meaning of the Habitats Regulations;

paragraph 3 shall not have the effect of disapplying regulation 60(1) of the Habitats Regulations in relation to any planning permission for that development.

SCHEDULE 6 — FOR THE PROTECTION OF THURROCK BOROUGH COUNCIL AND OTHERS

General

1

The following provisions of this Schedule shall have effect for the protection of the appropriate authority and those whose interests it represents.

2

(1) In this Schedule—

“the A13 Lakeside Link” means that part of the A13 trunk road running from Junction 30 to the junction with the A126;

“the A13/Manorway junction works” means highway works to the roundabout at the junction of the A13 with The Manorway, comprising— widening of the entry lanes from the B1007 onto the gyratory from 2 lanes to 3 lanes; widening of the entry flare from the A13 westbound off-slip onto the gyratory; widening the A1014 exit arm from the gyratory from 2 lanes to 3 lanes; widening the entry arm from the A1014 onto the gyratory from 2 lanes to 4 lanes; widening the exit arm from the gyratory onto the A1013; widening the entry arm from the A1013 onto the gyratory from 1 lane to 2 lanes; minor alterations to the exit arm from the gyratory to the A13 westbound on-slip; and widening the entry arm from the A13 eastbound off-slip from 2 lanes to 3 lanes, unless otherwise approved by the appropriate authority;

“the appropriate authority” means— in the case of any matter falling within articles 3, 4 and 5 of the Thurrock Development Corporation (Planning Functions) Order 2005[^f00034], the Thurrock Development Corporation established by the Thurrock Development Corporation (Area and Constitution) Order 2003[^f00035], or any successor body; in the case of any works relating to any road which is a trunk road, the Highways Agency acting on behalf of the Secretary of State for Transport; or in the case of any other matter, Thurrock Borough Council acting as local planning authority under the 1990 Act, or any successor body;

“beneficial use” means the use of the authorised works to generate revenue from shipping but does not include any activities connected with the construction, marketing, security or maintenance of the authorised works;

“berth” means 350 metres of quay, associated infrastructure and equipment in the area of jurisdiction of the Harbour Authority capable of servicing a container vessel;

“diverted Footpath 190” means the new bridleway substituted for part of Footpath 190 as described in column (3) to Schedule 4;

“the final highway works” means the final works associated with Junction 30 and the A13 Lakeside Link, being— 3-lane parallel collector distributor roads either side of the A13 Lakeside Link, and associated 2-lane slip roads onto and off the A13 Lakeside Link, taking traffic to and from the A126 via Junction 30; the extension of MOVA to the new roads constructed as part of the final highway works; works for the improvement of traffic movement from the M25 southbound carriageway north of Junction 30 to the A13 eastbound carriageway at Junction 30, in the form of a left-turn slip road; provision of a 2-lane signalised left-turn facility at Junction 30 from the A13 westbound carriageway to the A282 southbound carriageway; widening of the circulatory carriageways at Junction 30 on the northern (overbridge), southern (overbridge) and western (underbridge) sections from 3 to 4 lanes; provision of an additional 2 lanes on the A282 south approach to Junction 30 from the slip road connecting to the A282 north of Junction 31 up to Junction 30; and additional flaring of 2 further lanes on the A13 eastbound off-slip entry to Junction 30, together with the implementation of VMS on the A13 westbound carriageway between its junctions with the A1089 and the A1012 and associated approaches;

“first occupied” means the use of the related development to generate revenue for purposes permitted by the outline planning permission applying to the related development but does not include occupation by personnel engaged in construction, fitting out, marketing or security of any part of the related development;

“the interim highway works” means the interim works associated with Junction 30 and the A13 Lakeside Link, being— the provision of MOVA at Junction 30; the provision of either— a dedicated free flow left slip at Junction 30 from the southbound M25 off-slip to the eastbound on-slip onto the A13; or improvements to the signalisation at Junction 30 from the southbound M25 off-slip to the eastbound on-slip onto the A13; improvements to the 3-lane section of the A13 westbound approach to Junction 30; the provision of a 25 metre flare on the A282 approach to Junction 30; re-marking of the existing eastbound 2-lane approach of the A13 between the eastbound off-slip off Junction 30 up to the junction with the A126; further improvements to the MOVA equipment referred to in sub-paragraph (a) to accommodate the works referred to in sub-paragraphs (b) to (e); and revised signage and road markings for the A13 Lakeside Link and associated approaches;

“Junction 30” means Junction 30 on the M25 motorway;

“Junction 31” means Junction 31 on the M25 motorway;

“The Manorway” means that section of the A1014 from its junction with the A13 eastwards in the borough of Thurrock;

“materially implemented” means the carrying out of a material operation as defined in section 56(4) of the 1990 Act but excluding— site clearance or demolition of, or within, existing buildings; the removal, diversion or installation of any pipeline, associated structure or associated facilities, or of any jetty; archaeological investigation and investigation for the purposes of assessing ground conditions; the remediation of land, including remedial action in respect of ground conditions; the diversion and laying of services; construction of any access for construction purposes; works to existing roads including the provision of haul roads and temporary routes; the diversion, creation or modification of public rights of way; the erection of any means of enclosure for site security; or the construction and use of any facility for training purposes;

“MOVA” means Microprocessor Optimised Vehicle Actuation or such other equivalent system providing for a real time reactive computer controlled traffic management system including all associated detection and ancillary equipment and road markings;

“the new access road” means a new road running southwards from the new Sorrells roundabout to provide access to the authorised works and the related development;

“practically completed” means complete such that the works concerned can be occupied or brought into beneficial use but does not include minor snagging items;

“the Ro-Ro” means 400 metres of quay, associated infrastructure and equipment in the area of jurisdiction provided for Ro-Ro use;

“The Sorrells/A1014 junction works” means the works to the existing Sorrells roundabout on The Manorway to replace the current roundabout with a junction with The Sorrells and to construct a new Sorrells roundabout south-east of the existing roundabout providing for connections with Corringham Road, Manorway East, Manorway West and the new access road together with associated works and a Toucan crossing at the western approach to the new roundabout;

“the Thameshaven Branch Line” means the railway branch line running eastwards from its junction with the London, Tilbury and Southend railway line; and

“VMS” means variable matrix signing,

(2) References to lettered and numbered uses are references to uses and classes of development within the meaning of the Town and Country Planning (Use Classes) Order 1987[^f00036] within the related development.

3

In circumstances where the related development is materially implemented and the authorised works are carried out, paragraphs 4 to 13 shall apply.

4

None of the B1(b), B1(c), B2 or B8 uses or the authorised works shall be first occupied or brought into beneficial use until the interim highway works have been practically completed.

5

(1) This paragraph shall apply unless the Highways Agency acting on behalf of the Secretary of State for Transport gives notice to the Harbour Authority that the final highway works need not be carried out.

(2) Subject to sub-paragraph (1), no more than the total number of berths forming part of the authorised works set out in column (1) of the table and the corresponding total amount of B1(b), B1(c), B2 or B8 floorspace set out in column (2) of that table shall be brought into beneficial use or first occupied until the final highway works have been practically completed—

(1) Number of berths	(2) Maximum amount of permitted B1(b), B1(c), B2 or B8 floorspace
1 berth	503,044m² with the Ro-Ro (or 579,912m² without the Ro-Ro)
2 berths	456,812m² with the Ro-Ro (or 533,680m² without the Ro-Ro)
3 berths	410,580m² with the Ro-Ro (or 487,448m² without the Ro-Ro)
4 berths	364,348m² with the Ro-Ro (or 441,216m² without the Ro-Ro)
5 berths	318, 116m² with the Ro-Ro (or 394, 984² without the Ro-Ro)
6 berths	271,884m² with the Ro-Ro (or 348,752m² without the Ro-Ro)

6

No more than the following combinations of B1(b), B1(c), B2 and B8 floorspace set out in column (1) of the table and the corresponding number of berths forming part of the authorised works set out in column (2) of that table shall be first occupied or brought into beneficial use prior to the completion of the new access road as a single carriageway road together with a cycleway, footway and alongside the carriageway the provision for appropriate emergency stacking space for lorries accessing the authorised works and including a Pegasus crossing where the access road crosses diverted Footpath 190—

(1) Floorspace	(2) Number of berths
377,000 m²	Either the Ro-Ro or 1 berth without the Ro-Ro
324,000 m²	Either the Ro-Ro and 1 berth or 2 berths without the Ro-Ro
271,000 m²	Either the Ro-Ro and 2 berths or 3 berths without the Ro-Ro

7

No more than the following combinations of B1(b), B1(c), B2 and B8 floorspace set out in column (1) of the table and the corresponding number of berths forming part of the authorised works set out in column (2) of that table shall be first occupied or brought into beneficial use prior to the completion of the new access road as a dual carriageway road together with a cycleway and footway and including a Pegasus crossing where the access road crosses diverted Footpath 190—

(1) Floorspace	(2) Number of berths
825,000 m²	Either the Ro-Ro or 1 berth without the Ro-Ro
772,000 m²	Either the Ro-Ro and 1 berth or 2 berths without the Ro-Ro
719,000 m²	Either the Ro-Ro and 2 berths or 3 berths without the Ro-Ro
666,000 m²	Either the Ro-Ro and 3 berths or 4 berths without the Ro-Ro
613,000 m²	Either the Ro-Ro and 4 berths or 5 berths without the Ro-Ro
560,000 m²	Either the Ro-Ro and 5 berths or 6 berths without the Ro-Ro
507,000 m²	Either the Ro-Ro and 6 berths or 7 berths without the Ro-Ro

8

No more than the following combinations of B1(b), B1(c), B2 and B8 floorspace set out in column (1) of the table and the corresponding number of berths forming part of the authorised works set out in column (2) of that table shall be first occupied or brought into beneficial use prior to the completion of highway works on the A13 at its junction with the A128 to provide an additional dedicated slip lane from the A13 eastbound off-slip to the A128 northbound together with associated flaring and signage—

(1) Floorspace	(2) Number of berths
407,000m²	Either the Ro-Ro or 1 berth without the Ro-Ro
390,000m²	Either the Ro-Ro and 1 berth or 2 berths without the Ro-Ro
373,000m²	Either the Ro-Ro and 2 berths or 3 berths without the Ro-Ro

9

No more than 100,000m² of the B1(b), B1(c), B2 and B8 development together with the Ro-Ro or, alternatively, 1 berth without the Ro-Ro, shall be first occupied or brought into beneficial use prior to the installation of a system for signalling traffic priority at the junction of the A13 with The Manorway.

10

(1) Floorspace	(2) Number of berths
332,000m²	Either the Ro-Ro or 1 berth without the Ro-Ro
315,000m²	Either the Ro-Ro and 1 berth or 2 berths without the Ro-Ro
298,000m²	Either the Ro-Ro and 2 berths or 3 berths without the Ro-Ro

11

No more than 157,000m² of B1(b), B1(c), B2 and B8 development shall be first occupied in combination with the bringing into beneficial use of the Ro-Ro or, alternatively, 1 berth without the Ro-Ro, prior to the completion of the following works—

(a) The Sorrells/A1014 junction works;

(b) a Toucan Crossing on Springhouse Road at its junction with Manorway East;

(d) noise mitigation works for the new Sorrells roundabout as approved by the appropriate authority.

12

No more than 167,000m² of B1(b), B1(c), B2 and B8 development and the Ro-Ro or, alternatively, 1 berth without the Ro-Ro, shall be first occupied or brought into beneficial use prior to the completion of the construction of acoustic barriers where appropriate—

(a) along either side of The Manorway from its junction with the A13 to the new Sorrells roundabout;

(b) along the northern section of the new access road;

(c) along either side of the A13 from where it meets Stanford Road immediately west of the junction of Stanford Road and Buckingham Hill Road north-eastwards to the point north of Caldwell Road; and

(d) along the south side of the A13 from a point north of Hemley Road to the junction with Saffron Gardens,

in each case as approved by the appropriate authority and in conformity with Highways Agency Standard HA 66/95 “Environmental Barriers Technical Requirements” (or any standard which may replace it).

13

No more than the following combinations of B1(b), B1(c), B2 and B8 floorspace set out in column (1) of the table and the corresponding number of berths forming part of the authorised works set out in column (2) of that table shall be first occupied or brought into beneficial use prior to the completion of re-surfacing works to provide a low noise road surface (in accordance with a scheme to be submitted to and approved by the appropriate authority) to The Manorway between the A13 junction and up to and including the junction with The Sorrells—

(1) Floorspace	(2) Number of berths
768,000m²	Either the Ro-Ro and 4 berths or 5 berths without the Ro-Ro
384,000m²	Either the Ro-Ro and 5 berths or 6 berths without the Ro-Ro

14

(1) In circumstances where the related development is not materially implemented but the authorised works are carried out—

(a) none of the authorised works shall be brought into beneficial use until the interim highway works have been practically completed;

(b) no more than the Ro-Ro or, alternatively, 1 berth without the Ro-Ro, shall be brought into beneficial use prior to—

(i) the completion of the works referred to in paragraphs 12(a) to (d);

(ii) the completion of The Sorrells/A1014 junction works; and

(iii) the installation of a system for signalling traffic priority at the junction of the A13 with The Manorway;

(c) no more than the Ro-Ro and 2 berths or, alternatively, 3 berths without the Ro-Ro, shall brought into beneficial use prior to—

(i) the completion of the new access road as a single carriageway road together with—

(aa) a cycleway;

(bb) a footway;

(cc) provision for emergency stacking space alongside the carriageway for lorries accessing the authorised works; and

(dd) a Pegasus crossing where the new access road crosses the diverted Footpath 190;

(ii) the completion of the highway works on the A13 at its junction with the A128 including flaring and signage; and

(iii) the completion of the A13/Manorway junction works;

(d) no more than the Ro-Ro and 5 berths or, alternatively 6 berths without the Ro-Ro, shall be brought into beneficial use until the final highway works have been practically completed; and

(e) no more than the Ro-Ro and 6 berths or, alternatively 7 berths without the Ro-Ro, shall be brought into beneficial use prior to—

(i) the completion of the new access road as a dual carriageway road together with a cycleway and footway and including a Pegasus crossing where the access road crosses the diverted Footpath 190; and

(ii) the completion of re-surfacing works to provide a low noise road surface (in accordance with a scheme to be submitted to and approved by the appropriate authority) to The Manorway between the A13 junction and up to and including The Sorrells junction.

(2) Sub-paragraph (1)(d) shall apply unless the Highways Agency acting on behalf of the Secretary of State for Transport gives notice to the Harbour Authority that the final highway works need not be carried out.

Travel Plan

15

None of the authorised works shall be brought into beneficial use until the detailed measures comprising a travel plan for the operation of the undertaking have been approved by the appropriate authority following consultation with the local highway authority and the Highways Agency (on behalf of the Secretary of State).

Noise mitigation measures

16

Prior to bringing into beneficial use any of the authorised works—

(a) the Harbour Authority shall agree with the appropriate authority measures appropriate to minimise the possibility of the night-time resultant free-field noise levels resulting either from the authorised works or the authorised works together with the related development at Great Garlands Farm, Old Hall Farm and Oak Farm exceeding 35dB LAeq (1 hour); and

(b) the Harbour Authority shall implement those measures.

17

(1) The Harbour Authority and the appropriate authority shall agree measures to provide noise mitigation for any building that would fall within Regulation 7 of the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996[^f00037] if the provisions of those Regulations were applicable to the entire length of the Thameshaven Branch Line.

(2) No more than ten trains servicing the authorised works in any 24 hour period shall be permitted to use the Thameshaven Branch Line prior to the completion by or on behalf of the Harbour Authority of the measures agreed under sub-paragraph (1).

(3) In any event, no trains servicing the authorised works may be scheduled to arrive at or depart from the port premises between the hours of 0700 and 1000, or between the hours of 1600 and 1900.

Sustainable handling and transport

18

Construction of the authorised works shall not be commenced until the Harbour Authority has agreed with the appropriate authority a scheme for the sustainable handling and transport of construction materials and dredged materials into and out of the area of jurisdiction.

Storage of fluids

19

Notwithstanding the provisions of the 1995 Order any oil and other chemical storage tanks, buildings, ancillary handling facilities, filling, drawing and overflow pipes shall be enclosed within an impervious bunded area of at least 110% of the tank capacity.

Application of Town and Country Planning legislation

20

The provisions of this Schedule shall be deemed to be conditions subject to which a planning permission was granted under section 70 of the 1990 Act and, accordingly, they shall be subject to the provisions of that Act and all associated legislation and in particular they may be varied in accordance with sections 73, 73A and 97 of that Act and the Town and Country Planning (General Development Procedure) Order 1995[^f00038].

SCHEDULE 7 — FOR THE PROTECTION OF NETWORK RAIL

1

(1) The provisions of this Schedule shall, unless otherwise agreed in writing between the Harbour Authority and Network Rail, have effect for the protection of Network Rail.

(2) In this Schedule—

“construction” includes alteration, reconstruction and any non-routine maintenance and “construct” and “constructed” have corresponding meanings;

“the engineer” means an engineer to be appointed by Network Rail for the purpose in question;

“plans” includes sections, designs, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction), staging proposals and programmes;

“relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction of the specified works or of any such act as is mentioned in paragraph 18;

“the specified works” means so much of the authorised works as may be situated upon, across, under, over or within 15 metres of, or may in any way affect, railway property; and

“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993[^f00039].

2

The Harbour Authority shall not, under the powers conferred by this Order, acquire or enter upon, take or use (whether temporarily or permanently) any railway property, or acquire any new rights over any railway property unless such acquisition, entry or use is with the consent of Network Rail.

3

The provisions of article 32 (extinction of private rights of way) shall not apply to any right of access of Network Rail to railway property but such right of access may be diverted with the consent of Network Rail.

4

The exercise by the Harbour Authority against Network Rail of the powers of section 11(3) of the 1965 Act shall be confined to lands in relation to which the Harbour Authority’s powers of compulsory acquisition are not subject to the consent of Network Rail under paragraph 2.

5

Where Network Rail is asked to give its consent pursuant to paragraphs 2, 3 or 4, such consent shall not be unreasonably withheld or delayed but may be given subject to reasonable conditions.

6

The Harbour Authority shall before commencing construction of the specified works supply to Network Rail proper and sufficient plans for the reasonable approval of the engineer and shall not commence such construction of the specified works until plans of that work have been approved in writing by the engineer or settled by arbitration.

7

The approval of the engineer under paragraph 6 shall not be unreasonably withheld or delayed and if by the end of the period of 56 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he shall be deemed to have approved the plans as submitted.

8

If by the end of the period of 56 days beginning with the date on which such plans have been supplied to Network Rail, Network Rail gives notice to the Harbour Authority that Network Rail desires itself to construct any part of the specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail or the services of train operators using the same then, if the Harbour Authority desires such part of the specified works to be constructed, Network Rail shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the Harbour Authority in accordance with the plans approved or deemed to be approved or settled as aforesaid.

9

(1) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of construction of the specified works to ensure the safety or stability of railway property, the continuation of safe and efficient operation of the railways of Network Rail or the services of train operators using the same (including any relocation of works, apparatus and equipment necessitated by the specified works) and the comfort and safety of passengers who may be affected by the specified works.

(2) Such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail, with all reasonable dispatch or, if Network Rail so desires such protective works shall be carried out by the Harbour Authority at its own expense. The Harbour Authority shall not commence the construction of the specified works until the engineer has notified the Harbour Authority that the protective works have been completed to his reasonable satisfaction.

10

Any specified work and any protective works to be constructed by virtue of paragraph 9 shall, when commenced, be constructed—

(a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under this Schedule;

(b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; and

(c) in such manner as to cause as little damage as possible to railway property and as little interference as may be reasonably practicable with the conduct of traffic on the railways of Network Rail;

and, if any damage to railway property or any such interference or obstruction is caused by the carrying out of the specified works, the Harbour Authority shall, notwithstanding any such approval, make good such damage and shall pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

11

The Harbour Authority shall—

(a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction; and

(b) supply the engineer with all such information as he may reasonably require with regard to the specified works or the method of construction of the specified works.

12

Network Rail shall at all times afford reasonable facilities to the Harbour Authority and its agents for access to any works carried out by Network Rail under this Schedule during their construction and shall supply the Harbour Authority with such information as it may reasonably require with regard to such works or the method of construction of those works.

13

(1) If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary in consequence of the construction of a specified work, either—

(a) during the construction of the specified works or any protective works under paragraph 9; or

(b) during a period of 12 months after the completion of the specified works,

then such alterations and additions may be carried out by Network Rail.

(2) If Network Rail gives to the Harbour Authority reasonable notice of its intention to carry out alterations or additions as provided for in sub-paragraph (1), the Harbour Authority shall pay to Network Rail the reasonable cost of such alterations or additions including, in respect of permanent alterations and additions, a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations and additions.

(3) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions referred to in sub-paragraph (1) a capitalised sum representing such saving shall be set off against any sum payable by the Harbour Authority to Network Rail under sub-paragraph (2).

14

The Harbour Authority shall repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a) in constructing any part of the specified works on behalf of the Harbour Authority as provided by paragraph 8 or in constructing any protective works under the provisions of paragraph 9(2) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the supervision by the engineer of the construction of the specified works and otherwise in connection with the implementation of the provisions of this Schedule;

(c) in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

(d) in respect of any special traffic working resulting from any speed restrictions which may, in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of the specified works, or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

(e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of the specified works.

15

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the Harbour Authority informing it that the state of maintenance of the specified work appears to be such as may adversely affect the operation of railway property, the Harbour Authority shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified works in such state of maintenance as not to adversely affect railway property.

16

The Harbour Authority shall not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it shall have first consulted Network Rail and it shall comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

17

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work shall be repaid by the Harbour Authority to Network Rail provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the Harbour Authority.

18

The Harbour Authority shall pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—

(a) by reason of the construction or maintenance of the specified works or the failure of the specified works; or

(b) by reason of any act or omission of the Harbour Authority or of any person in its employment or of its contractors or others whilst engaged upon the specified works;

and the Harbour Authority shall indemnify Network Rail from and against all claims and demands arising out of or in connection with the specified works or any such failure, act or omission and the fact that any act or thing may have been done by Network Rail on behalf of the Harbour Authority or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employment or of its contractors or agents) excuse the Harbour Authority from any liability under the provisions of this Schedule.

19

Network Rail shall give to the Harbour Authority reasonable notice of any claim or demand as mentioned in paragraph 18 and no settlement or compromise of such a claim shall be made without the prior consent of the Harbour Authority.

20

(1) In this paragraph—

“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the Harbour Authority’s apparatus where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus;

“the Harbour Authority’s apparatus” means any electric lines, circuits, wires, apparatus, equipment and other works of any description owned or used (or intended to be used) by the Harbour Authority for the purpose of the authorised works; and

“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of those plans under paragraph 6 for the relevant part of the authorised works giving rise to EMI unless the Harbour Authority has been given notice in writing before the approval of the plans of the intention to make such change, other than any change carried out by Network Rail as part of, or in consequence of the authorised works.

(3) Subject to sub-paragraph (4), the Harbour Authority shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate the Harbour Authority’s compliance with sub-paragraph (3)—

(a) the Harbour Authority shall consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Network Rail (both before and after formal submission of plans under paragraph 6) to identify all potential causes of EMI and the measures required to eliminate them;

(b) Network Rail shall make available to the Harbour Authority all information in the possession of Network Rail reasonably requested by the Harbour Authority in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (4)(a); and

(c) Network Rail shall allow the Harbour Authority reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (4)(a).

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail shall not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution shall be selected in Network Rail’s reasonable discretion and in relation to such modifications, paragraph 6 shall have effect subject to this sub-paragraph.

(6) If at any time prior to the opening of the authorised works for the passage of railway traffic and notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the Harbour Authority shall immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the Harbour Authority’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7) In the event of EMI having occurred—

(a) the Harbour Authority shall afford reasonable facilities to Network Rail for access to the Harbour Authority’s apparatus in the investigation of such EMI;

(b) Network Rail shall afford reasonable facilities to the Harbour Authority for access to Network Rail’s apparatus in the investigation of such EMI; and

(c) Network Rail shall make available to the Harbour Authority any additional material information in its possession reasonably requested by the Harbour Authority in respect of Network Rail’s apparatus or such EMI.

(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—

(a) Network Rail shall allow the Harbour Authority reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

(b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the Harbour Authority in accordance with the approval given.

(9) To the extent that it would not otherwise do so, the indemnity in paragraph 18 shall apply to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

(10) For the purpose of paragraph 14(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

21

(1) The sums payable by the Harbour Authority under paragraph 18 shall include a sum equivalent to the relevant costs.

(2) Subject to the terms of any agreement between Network Rail and the relevant train operators regarding the timing or method of payment of the relevant costs in respect of that train operator, once received, Network Rail shall promptly pay to each train operator the amount of any sum referred to in sub-paragraph (1) that relates to the relevant costs of that train operator.

(3) The obligation under paragraph 18 and sub-paragraph (1) to pay to Network Rail the relevant costs shall, in the event of default, be enforceable directly by a train operator concerned to the extent that such a sum would be payable to that operator pursuant to sub-paragraph (2).

SCHEDULE 8 — FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY

General

1

(1) The provisions of this Schedule shall, unless otherwise agreed in writing between the Harbour Authority and the PLA, have effect for the protection of the PLA and the users of the river.

(2) For the purposes of this Schedule, the definition of “tidal work” shall be taken to include—

(a) any projection over the river outside the area of jurisdiction by booms, cranes and similar plant or machinery, whether or not situated within the area of jurisdiction; and

(b) any authorised work which affects the river or any functions of the PLA, whether or not that authorised work is within the PLA limits,

but shall not include any maintenance dredging.

Tidal Works: approval of detailed design

2

(1) Before—

(a) submitting any plans and sections for any tidal work to the Secretary of State for her approval under article 16 (tidal works not to be constructed without approval of the Secretary of State);

(b) commencing any operation for the construction of a tidal work where approval of the Secretary of State under article 16 (tidal works not to be constructed without approval of the Secretary of State) is not required; or

the Harbour Authority shall submit to the PLA plans and sections of the tidal work or operation and such further particulars as the PLA may, within 28 days from the day on which the plans and sections are submitted under this sub-paragraph, reasonably require.

(2) No application for the Secretary of State’s approval under article 16 (tidal works not to be constructed without approval of the Secretary of State) shall be made in respect of a tidal work until plans and sections in respect of that tidal work submitted under sub-paragraph (1) have been approved by the PLA.

(3) Any tidal work not requiring the Secretary of State’s approval under article 16 (tidal works not to be constructed without approval of the Secretary of State) shall not be constructed, and no tidal work shall be maintained, except in accordance with such plans as may be approved in writing by the PLA or determined under paragraph 24.

(4) Any approval of the PLA required under this paragraph shall not be unreasonably withheld but may be given subject to such reasonable requirements as the PLA may make for the protection of—

(a) traffic in, or the flow or regime of, the river;

(b) the use of its operational land or the river for the purposes of performing its functions; or

(5) Requirements made under sub-paragraph (4) may include conditions as to—

(a) the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the tidal work; and

(b) the expiry of the approval if the Harbour Authority does not commence construction of the tidal work approved within a prescribed period.

(6) Subject to sub-paragraphs (8) and (9), any such approval shall be deemed to have been refused if it is neither given nor refused within 42 days of the specified day.

(7) Before making a decision on any such approval, the PLA shall take into account any opinion on the plans and sections provided to it by the Environment Agency.

(8) Accordingly, an approval of the PLA under this paragraph shall not be deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (6) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged in the proper exercise of its functions to carry out provided that during the course of such consultation, the PLA has acted with all due expedition.

(9) In this paragraph “the specified day” means, in relation to any tidal work—

(a) the day on which plans of that work are submitted to the PLA under sub-paragraph (1); or

(b) the day on which the Harbour Authority provides the PLA with all such particulars of the work as have been requested by the PLA under that sub-paragraph;

whichever is the later.

(10) Whenever the Harbour Authority provides the Secretary of State with an environmental document it shall at the same time send a copy to the PLA.

3

Subject to paragraph 21, no tidal work shall be subject to any of the controls in sections 66 to 75 of the 1968 Act.

4

Any operations for the construction of any tidal work approved in accordance with this Order shall, once commenced, be carried out by the Harbour Authority with all reasonable dispatch and to the reasonable satisfaction of the PLA so that river traffic, the flow or regime of the river and the exercise of the PLA’s functions shall not suffer more interference than is reasonably practicable, and the PLA shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

Discharges, etc.

5

(1) The Harbour Authority shall not without the consent of the PLA—

(a) deposit in or allow to fall or be washed into the river any gravel, soil or other material;

(b) discharge or allow to escape either directly or indirectly into the river any offensive or injurious matter in suspension or otherwise; or

(2) Any consent of the PLA under this paragraph shall not be unreasonably withheld but may be given subject to such terms and conditions as the PLA may reasonably impose.

(3) Any such approval shall be deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 35 days of the day on which the request for consent is submitted under sub-paragraph (1).

(4) In its application to the discharge of water into the river, article 54 (power to discharge surface water into the river) shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.

6

The Harbour Authority shall not, in exercise of the powers conferred by article 54 (power to discharge surface water into the river), damage or interfere with the beds or banks of any watercourse forming part of the river unless such damage or interference is approved as a tidal work under this Order or is otherwise approved in writing by the PLA.

Obstruction in river

7

If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any tidal work (other than a pile, stump or other obstruction on the site of a structure comprised in any permanent work), the Harbour Authority shall, as soon as reasonably practicable after the receipt of notice in writing from the PLA requiring such action, remove it from the river or, if it is not reasonably practicable to remove it—

(a) cut the obstruction off at such level below the bed of the river as the PLA may reasonably direct; or

(b) take such other steps to make the obstruction safe as the PLA may reasonably require.

Removal, etc. of PLA moorings and buoys

8

If—

(a) by reason of the construction of any tidal work it is reasonably necessary for the PLA to incur costs in temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the PLA, or laying down and removing substituted moorings or buoys, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and

(b) the PLA gives to the Harbour Authority not less than 28 days’ notice of its intention to incur such costs, and takes into account any representations which the Harbour Authority may make in response to the notice within 14 days of the receipt of the notice,

the Harbour Authority shall pay the costs reasonably so incurred by the PLA.

Navigational lights, buoys, etc.

9

In addition to any requirement under article 18 (lights on tidal works, etc.), the Harbour Authority shall, at or near every tidal work, and any other work of which the Harbour Authority is in possession in exercise of any of the powers of this Order (being in either case a work which is below mean high water level forming part of the river), exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require.

Removal of temporary works

10

On completion of the construction of any part of a permanent authorised work, the Harbour Authority shall as soon as practicable remove—

(a) any temporary tidal work carried out only for the purposes of that part of the permanent work; and

(b) any materials, plant and equipment used for such construction,

and shall make good the site to the reasonable satisfaction of the PLA.

Protective action

11

(1) If any tidal work—

(a) is constructed otherwise than in accordance with the requirements of this Schedule or with any condition in an approval given pursuant to paragraph 2(4); or

(b) during construction gives rise to sedimentation, scouring, currents or wave action detrimental to traffic in, or the flow or regime of, the river,

then the PLA may by notice in writing require the Harbour Authority at the Harbour Authority’s own expense to comply with the remedial requirements specified in the notice.

(2) The requirements that may be specified in a notice given under sub-paragraph (1) are—

(a) in the case of a tidal work to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—

(i) this Schedule; or

(ii) the condition that has been breached; or

(b) in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents or wave action so far as required by the needs of traffic in, or the flow or regime of, the river.

(3) If the Harbour Authority does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require the Harbour Authority to—

(a) remove, alter or pull down the tidal work, and where the tidal work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or

(b) take such other action as the PLA may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.

(4) If a tidal work gives rise to environmental impacts over and above those anticipated by any environmental document, the Harbour Authority shall, in compliance with its duties under any enactment and, in particular, under section 48A of the 1964 Act, take such action as is necessary to prevent or mitigate those environmental impacts and in so doing shall consult and seek to agree the necessary measures with the PLA.

(5) If the PLA becomes aware that any tidal work is causing an environmental impact over and above those anticipated by any environmental document, the PLA shall notify the Harbour Authority of that environmental impact, the reasons why the PLA believes that the environmental impact is being caused by the tidal work and of measures that the PLA reasonably believes are necessary to counter or mitigate that environmental impact. The Harbour Authority shall implement the measures that the PLA has notified to the Harbour Authority or shall implement such other measures as the Harbour Authority believes are necessary to counter the environmental impact identified, giving reasons to the PLA as to why it has implemented such other measures.

Abandoned or decayed works

12

(1) If any tidal work or any other work of which the Harbour Authority is in possession in exercise of any of the powers of this Order (being in either case a work which is below mean high water level) is abandoned or falls into decay, the PLA may by notice in writing require the Harbour Authority to take such reasonable steps as may be specified in the notice either to repair or restore the work, or any part of it, or to remove the work and (to such extent as the PLA reasonably requires) to restore the site to its former condition.

(2) If any tidal work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river, the PLA may by notice in writing require the Harbour Authority to take such reasonable steps as may be specified in the notice—

(a) to repair and restore the work or part of it; or

(b) if the Harbour Authority so elects, to remove the tidal work and (to such extent as the PLA reasonably requires) to restore the site to its former condition.

(3) If after such reasonable period as may be specified in a notice under this paragraph the Harbour Authority has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the PLA may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the Harbour Authority.

13

(1) The Harbour Authority shall not in the exercise of the powers granted by this Order interfere with any marks, lights or other navigational aids in the river without the agreement of the PLA, and shall ensure that access to such aids remains available during and following construction of any tidal works.

(2) The Harbour Authority shall provide at any tidal works, or shall afford reasonable facilities at such works (including an electricity supply) for the PLA to provide at the Harbour Authority’s cost, from time to time, such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the PLA may deem necessary by reason of the construction of any tidal works, and shall ensure that access remains available to apparatus during and following construction of such works.

(3) Without prejudice to section 133 of the 1968 Act (Lights detrimental to navigation), the Harbour Authority shall comply with the directions of the Harbour Master from time to time with regard to the lighting on the tidal works or within London Gateway Port, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river.

Survey of riverbed

14

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The London Gateway Port Harbour Empowerment Order 2008

SCHEDULE 2 — RESTRICTIONS ON WORKS

1

Containers and associated equipment

2

3

4

5

Other height restrictions

6

7

8

9

Railways

10

11

Other construction restrictions

12

13

14

15

Activities permitted for construction or operational purposes only

16

17

18

19

20

21

22

23

24

Application of Town and Country Planning legislation

25

SCHEDULE 3 — DREDGING WORKS

1

2

SCHEDULE 4 — STOPPING UP OF FOOTPATHS AND BRIDLEWAY AND NEW PUBLIC RIGHTS OF WAY TO BE SUBSTITUTED

SCHEDULE 5 — APPLICATION OF PERMITTED DEVELOPMENT RIGHTS

PART 1 — GENERAL PERMITTED DEVELOPMENT

1

2

PART 2 — HABITATS REGULATIONS

3

4

SCHEDULE 6 — FOR THE PROTECTION OF THURROCK BOROUGH COUNCIL AND OTHERS

General

1

2

The authorised works in combination with the related development

3

4

5

6

7

8

9

10

11

12

13

The authorised works without the related development

14

Travel Plan

15

Noise mitigation measures

16

17

Sustainable handling and transport

18

Storage of fluids

19

Application of Town and Country Planning legislation

20

SCHEDULE 7 — FOR THE PROTECTION OF NETWORK RAIL

1

2

3

4

5

6