The London Gateway Port Harbour Empowerment Order 2008

• (3) The exercise by the Harbour Authority or Network Rail or by the Harbour Authority and Network Rail jointly of any powers and rights under any enactment or contract pursuant to any such agreement as is authorised by paragraph (2) shall be subject to all statutory and contractual provisions relating to those powers and rights as would apply if they were exercised by the Harbour Authority or Network Rail (as the case may be) alone and accordingly, such provisions shall, with any necessary modifications, apply to the exercise of such powers and rights by the Harbour Authority or Network Rail, or by the Harbour Authority and Network Rail jointly, as the case may be.

• (4) The Harbour Authority and Network Rail may enter into, and carry into effect, agreements for the transfer to and vesting in Network Rail or the Harbour Authority, or the Harbour Authority and Network Rail jointly, of—

• (a) the designated works or any part of those works; or

• (b) any works, lands or other property required for the purposes of or in connection with any designated works or any part of those works,

together with any rights and obligations (whether or not statutory) of Network Rail or the Harbour Authority relating to any designated works or part of those works.

• (5) In this article “designated works” means any part of the authorised works to be constructed on railway property.

Power to establish a police force

51

• (1) On application by the Harbour Authority a justice of the peace may appoint persons to be constables and a person so appointed shall, on appointment, be attested as a constable in accordance with section 29 of the Police Act 1996²⁶.

• (2) A justice of the peace may dismiss any constable appointed under paragraph (1) from his office and upon such dismissal all powers, protections and privileges vested in such a constable shall cease.

• (3) A constable appointed under paragraph (1) may act as such within the area of jurisdiction and, subject to paragraph (5), whilst he is so acting he shall have all the powers and privileges of a constable.

• (4) A constable appointed under paragraph (1) shall have powers of arrest within the area of jurisdiction and, where he pursues a person from the area of jurisdiction, shall have the same powers of arrest in respect of the person outside the area of jurisdiction as he would have within that area.

• (5) Except in so far as it would otherwise conflict with his duties as a constable, the powers conferred on a constable appointed under this article are exercisable subject to paragraph 18 of Schedule 8 and for the purposes of that paragraph a constable shall be deemed to be an officer of the Harbour Authority.

Incorporation of Police and Criminal Evidence Act 1984

52

Part 1 (powers to stop and search), Part 2 (powers of entry, search and seizure), Part 3 (arrest), Part 4 (detention), Part 5 (questioning and treatment of persons by police) and Part 11 (miscellaneous and supplementary) of the Police and Criminal Evidence Act 1984²⁷, together with Schedules 1, 2, 5, 6 and 7 to that Act, shall be incorporated in this Order so far as applicable to the operation, management and use of the authorised works and so far as not inconsistent with the provisions of this Order.

Refusal of a landing place, etc.

53

• (1) An officer of the Harbour Authority may prevent a vessel from using a landing place or berth provided by the Harbour Authority if the master of the vessel refuses to pay all applicable charges for such use.

• (2) Subject to paragraph (3) an officer of the Harbour Authority may prevent a vessel from using a landing place or berth provided by the Harbour Authority if the master of the vessel refuses or is unable adequately to certify the origins, safety, identity or constitution of all or any freight, cargo, goods, materials, persons, animals or other things on board the vessel to the satisfaction of—

• (a) the Harbour Authority;

• (b) any duly authorised official of Her Majesty’s Government;

• (c) a constable;

• (d) Her Majesty’s Coastguard;

• (e) the Harbour Master; or

• (f) any other person whose duty it is to ascertain the nature of items on board the vessel for the purposes of protecting the safety of any person either on board the vessel or elsewhere.

• (3) Nothing in this article shall prevent the landing of a vessel that is under the control of an officer of the PLA or, in a case of emergency, under the direction of the PLA or one of its officers.

Power to discharge surface water into the river

54

• (1) Subject to the provisions of paragraphs 5 and 6 of Schedule 8, the Harbour Authority shall have the power to discharge surface water into the river.

• (2) Nothing in this Order authorises the entry into controlled waters of any matters whose entry or discharge into controlled waters is prohibited by section 85 of the Water Resources Act 1991²⁸.

Harbour Authority not to be a local lighthouse authority

55

Notwithstanding the provisions of section 193(2) of the Merchant Shipping Act 1995²⁹, nothing in this Order constitutes the Harbour Authority as a local lighthouse authority.

Harbour Authority not to be a port health authority

56

Notwithstanding the provisions of section 2 of the Public Health (Control of Disease) Act 1984³⁰, the Harbour Authority may not be designated as a port health authority.

PART 6 — PROTECTIVE PROVISIONS

Crown rights

57

• (1) Nothing in this Order affects prejudicially any estate, interest, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the Harbour Authority to take, use, enter upon or in any manner interfere with any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

• (a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or

• (b) belonging to a Government Department or held in trust for Her Majesty for the purposes of a Government Department, without the consent in writing of that Government Department.

• (2) A consent under paragraph (1) may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.

For the protection of the local highway authority

58

• (1) This article applies to the construction of Works Nos. 1 to 8 (Sheets Nos. 224 to 239 of the deposited plans) so far as they relate to or affect the functions of the local highway authority.

• (2) Before the Harbour Authority constructs any works referred to in paragraph (1) the Harbour Authority must first notify the local highway authority.

• (3) During the construction of the works referred to in paragraph (1), the Harbour Authority shall at all times comply with all reasonable requests of the local highway authority as to public safety, standards of construction and traffic management and shall construct those works under the supervision (if given) of the local highway authority.

• (4) For the purposes of the works referred to in paragraph (1), or of complying with the requests of the local highway authority pursuant to paragraph (3), the Harbour Authority may act as agent of the local highway authority.

• (5) The Harbour Authority and the local highway authority may enter into agreements with respect to the construction of junctions and other highway improvement, construction or alteration works and such agreements may (without prejudice to the generality of this paragraph)—

• (a) make provision for the local highway authority or the Harbour Authority to carry out any functions under this Order which relate to Works Nos. 1 to 8 (Sheets Nos. 224 to 239 of the deposited plans) and for these purposes section 278 of the 1980 Act shall be construed as permitting the Harbour Authority or those authorised on its behalf to carry out the works in the public highway;

• (b) provide for the vesting of the whole or any part of Works Nos. 1 to 8 (Sheets Nos. 224 to 239 of the deposited plans) in the local highway authority; and

• (c) contain such terms as to payment or otherwise as the parties consider appropriate.

• (6) Nothing in this Order shall prevent the local highway authority at its own cost from constructing under its existing powers under the 1980 Act any part of Works Nos. 1 to 8 (Sheets Nos. 224 to 239 of the deposited plans).

• (1) The Harbour Authority shall reimburse to the local highway authority the costs incurred for any supervision by the local highway authority of the Harbour Authority pursuant to paragraph (3) insofar as:

• (a) that supervision is of those of the works referred to in paragraph (1)thatit has been agreed at the time of supervision will beadopted by the local highway authority; and

• (b) the local highway authority’s costs do not exceed 5% of the cost of those works referred to in sub-paragraph (a).

• (2) This article is without prejudice to the operation of section 278 of the 1980 Act.

For the protection of Thurrock Borough Council and others

59

Schedule 6 shall have effect.

For the protection of Network Rail

60

Schedule 7 shall have effect.

For the protection of the Port of London Authority

61

Schedule 8 shall have effect.

For the protection of the Trinity House Lighthouse Service

62

Schedule 9 shall have effect.

For the protection of the Environment Agency

63

Schedule 10 shall have effect.

For the protection of National Grid Gas plc and other statutory undertakers

64

Schedule 11 shall have effect.

PART 7 — MISCELLANEOUS AND GENERAL

No double recovery

65

Compensation shall 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.

Arbitration

66

Unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed by the London Court of International Arbitration on the application of either party after giving notice in writing to the other.

Defence of due diligence

67

• (1) In proceedings for an offence under any provision of this Order it is a defence for the Harbour Authority to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

• (2) If in any case the defence provided by paragraph (1) involves allegations that the commission of the offence was due to the act or default of another person, the Harbour Authority shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in its possession.

Local inquiries

68

The Secretary of State may cause to be held such inquiries as she may consider necessary in connection with the exercise of any powers or duties conferred or imposed upon her and the giving of any consent or approval under this Order, and subsections (2) to (5) of section 250 of the Local Government Act 1972³¹ shall apply to any such inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the Harbour Authority were a local authority.

Certification of plans, etc.

69

The Company shall, as soon as practicable after the making of this Order, submit copies of the deposited plans and the deposited sections to the Secretary of State for certification that they are true copies of, respectively, the deposited plans and the deposited sections referred to in this Order, and a document so certified shall be admissible in any proceedings, as evidence of the contents of the document of which it is a copy.

SCHEDULE 1 — WORKS

1

In this Schedule—

• (a) “Chainage Reference” means the relevant chainage reference shown on the deposited plans and the deposited sections; and

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

Coordinates Reference	Eastings	Northings
1	571333	181206
2	572665	181493
3	571404	180880
4	572735	181170
5	572225	181405
6	574167	181463
7	571415	180832
8	574164	181431
9	570916	181515
10	572210	181611
11	572044	181600
12	574146	181493
13	574326	181611
14	574349	181576
15	570878	181557
16	571015	181522
17	573568	181793
18	574161	181501
19	573573	181782
20	571366	180822
21	571288	181173
22	571311	181235
23	570788	181576
24	573565	181812
25	570788	181550
26	571101	180866
27	571143	180670
28	571436	180734
29	571343	180918
30	574391	181480

2

The works referred to in article 10(1) are—

• Work No. 1 — Improvement works to the A13/A128 Southfields Junction comprising a road (1400 metres in length) commencing at a point 650 metres west of the existing A128 Southfields Junction passing north-eastwards within a cutting, passing under an existing bridge and terminating 530 metres east of Barrington’s Farm and incorporating service crossings. The improved A13/A128 Southfields Junction will incorporate a circulatory road which will cross the road described in this work on bridges replacing the existing bridges and will incorporate slip roads and bell-mouth junctions enabling vehicular access to and egress from the improved A13/A128 Southfields Junction to and from the road described in this work, the A1013 Stanford Road west, the A1013 Stanford Road east, the A128 Brentwood Road north and the A128 Brentwood Road south.

• Work No. 2 — Improvement works to the A13 comprising a road (1775 metres in length) commencing at the termination point of Work No. 1 passing north-eastwards for 300 metres within a cutting and terminating east of the existing cycleway FP48. The works will incorporate service crossings, areas for temporary or ancillary works, bell-mouth junctions with the A13 eastbound and A13 westbound service areas, and a footpath commencing at the point where the works join the existing footpath FP81 and terminating at a point 150 metres east of the A13 eastern service area. The road will be crossed by two new bridge works, the first carrying the existing footpath FP12 from a point 340 metres east of the eastern boundary of the A13 westbound service area, passing northwards over the road before terminating at a point 135 metres east of the A13 eastbound service area, and the second carrying the existing cycleway FP48 from a point 35 metres north-west of the A1013 Stanford Road, passing north-westwards over the road before terminating at a point 105 metres north-east of the property known as Talford.

• 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

• (c) have an elevation (with boom down in operating condition) exceeding 100 metres AOD.

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 1995³².

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 2005³³, the Thurrock Development Corporation established by the Thurrock Development Corporation (Area and Constitution) Order 2003³⁴, 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 1987³⁵ within the related development.

The authorised works in combination with 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

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 A13 / Manorway junction works—

(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;

• (c) improvements as approved by the appropriate authority to the two pedestrian subways at The Manorway; and

• (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

The authorised works without the related development

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—