Legalize / United Kingdom / Statutory-Instrument

The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

Type Statutory-Instrument

Publication 2014-09-03

Last updated 2014-09-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

(8) Nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker shall not be required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

Compensation

Disregard of certain interests and improvements

37

(1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal shall not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration as part of the authorised project was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made as part of the authorised project, directly or indirectly concerned.

Set-off for enhancement in value of retained land

38

(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal shall set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised project.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil), under article 29 (compulsory acquisition of rights), the tribunal shall set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised project.

(3) The 1961 Act shall have effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

No double recovery

39

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, or under two or more different provisions of this Order.

Compulsory acquisition of land – incorporation of the mineral code

40

Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981[^f00027] (minerals) are incorporated in this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated; and

(b) for “the acquiring authority” substitute “the undertaker”.

Supplementary

Acquisition of part of certain properties

41

(1) This article shall apply instead of section 8(1) of the 1965 Act (other provisions as divided land) (as applied by section 125 of the 2008 Act) where—

(a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and

(b) a copy of this article is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).

(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.

(4) If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.

(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner shall be required to sell the land subject to the notice to treat.

(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat shall be deemed to be a notice to treat for that part.

(7) If on such a reference the tribunal determines that—

(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.

(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.

(9) Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, shall pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

(10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker shall pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Statutory undertakers

42

(1) The undertaker may—

(a) (further to the power in article 28 (compulsory acquisition of land)) acquire compulsorily the order land belonging to statutory undertakers, and described in the book of reference;

(b) extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers where such apparatus is anywhere within the Order limits notwithstanding that repositioning may be outside of the Order limits; and

(c) (further to the power in article 29 (compulsory acquisition of rights)) acquire compulsorily the new rights over land belonging to statutory undertakers described in the book of reference and indicated on the land plans.

(2) Schedule 16 (provision for the protection of specified undertakers) applies to the power in article 42(1).

(3) Without prejudice to article 42(1)(b) the following provisions (4) and (5) shall apply in relation to apparatus of statutory undertakers not falling within article 42(1)(b).

(4) Subject to the following provisions of this paragraph, sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers, etc and power of statutory undertakers etc to remove or re-site apparatus) shall apply in relation to land falling outside of the Order limits where it is necessary for the purposes of the authorised project to extinguish the rights of statutory undertakers or to remove or reposition the apparatus belonging to the statutory undertakers, and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential to the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.

(5) In the provisions of the 1990 Act as applied by paragraph (1), references to the appropriate Minister are references to the Secretary of State.

Apparatus and rights of statutory undertakers in stopped-up streets

43

(1) Where a street is stopped up under article 13 (stopping up of streets), any statutory utility whose apparatus is under, in, on, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 13, any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker shall—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker shall pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) shall be reduced by the amount of that excess.

(5) For the purposes of paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) In this article—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 2003 (interpretation)[^f00028].

(8) Schedule 16 (provision for the protection of specified undertakers) applies to this article.

Recovery of costs of new connections

44

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 42 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) shall not apply in the case of the removal of a public sewer but where such a sewer is removed under article 42, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article shall not have effect in relation to apparatus to which article 43 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003[^f00029]; and

“public utility undertaker” has the same meaning as in the 1980 Act.

Time limit for exercise of authority to acquire land compulsorily

45

(1) After the end of the period of 10 years beginning with the day on which this Order is made—

(a) no notice to treat shall be served under Part 1 of the 1965 Act; and

(b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981[^f00030] as applied by article 34 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).

(2) The authority conferred by article 35 (temporary use of land for carrying out the authorised project) shall cease either at the end of the period referred to in paragraph (1) or at the end of the period as stated in article 35(3), whichever is the longer, save that nothing in this paragraph shall prevent the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Private rights of way

46

(1) Subject to the provisions of this article, all private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—

(a) as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) as from the date of entry on the land by the undertaker under section 11(1) of the 1965 Act [^f00031] (power of entry),

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights of way over land owned by the undertaker which, being part of or within the order land, is required for the purposes of this Order shall be extinguished on the appropriation of the land by the undertaker for any of those purposes.

(3) Subject to the provisions of this article, all private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) This article does not apply in relation to any right of way to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 42 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) shall have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land,

(ii) the undertaker’s appropriation of it,

(iii) the undertaker’s entry onto it, or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs shall not apply to any right of way specified in the notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right of way in question is vested or belongs.

(7) If any such agreement as is referred to in paragraph (6)(b)—

(a) is made with a person in or to whom the right of way is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it shall be effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

47

(1) Subject to paragraphs (3) and (4), and notwithstanding any rule of law, the public rights of navigation shall be—

(a) temporarily suspended in relation to each area specified in column (4) of Schedule 12 (the public rights of navigation to be affected by the authorised project) and as shown on the access plans, for the purposes of constructing or carrying out the work listed at column (3) of Schedule 12; and

(b) permanently extinguished in relation to each area specified in column (5) of Schedule 12 and as shown on the access plans.

(2) Subject to paragraphs (3) and (4), and notwithstanding any rule of law, the public rights of navigation over any part of the river may be temporarily suspended with the written consent of the Authority given as provided in paragraph 5 of Part 2 of Schedule 16 (provisions for the protection of specified undertakers).

(3) Prior to the proposed commencement date of any suspension or extinguishment of the public rights of navigation under paragraph (1) or (2), the undertaker shall give notice to the Authority in accordance with paragraph 6 (1) of Part 2 of Schedule 16.

(4) Following:

(a) receipt of a notice relating to a suspension or extinguishment under article 47(1); or

(b) a consent given by the Authority under article 47 (2);

the Authority shall issue a notice to mariners in accordance with the provisions of paragraph 6 (6) of Part 2 of Schedule 16 giving the commencement date and other particulars of the suspension or extinguishment to which the notice or consent relates, and that suspension or extinguishment shall take effect on the date specified and as otherwise described in the notice.

(5) If any of the conditions set out in article 47 (6) is satisfied in relation to any land which forms part of the river and is land over which public rights of navigation have been permanently extinguished pursuant to Article 47(1)(b) the Authority may issue a notice to mariners that the land (or any part of it) is available for navigation, and on the issue of such notice the public rights of navigation shall be re-established in relation to that land.

(6) The conditions referred to in paragraph (5) are the following:

(a) the authorised development is not commenced on the land within 5 years of the permanent extinguishment of rights over the land pursuant to Article 47(1)(b);

(b) having been commenced, construction of the authorised development on the land ceases, and for this purpose construction shall be deemed to have ceased if –

(i) work to construct or carry out the authorised development has ceased for 20 years; or

(ii) the undertaker has confirmed to the Authority in writing that the land is no longer required for the authorised development or that the undertaker does not object to the public rights of navigation over the land being re-established;

(7) During the period that public rights of navigation are temporarily suspended under this article, the undertaker shall:

(a) upon application allow reasonable access to the area where such rights of navigation would otherwise apply subject to such conditions as the undertaker may reasonably impose; and

(b) ensure that houseboats and business boats moored within or affected by the public rights of navigation that are temporarily suspended under this article can be safely serviced by river and can safely leave and return to their moorings as is reasonably required for maintenance or other purposes.

(8) Where necessary tugs may be used to move houseboats and business boats.

(9) Unrestricted access shall also be provided for the emergency services to attend those houseboats and business boats by river.

(10) The undertaker may not exercise the powers of paragraph (1)(a) or (2) of this article after completion of construction.

Rights under or over streets and city walkways

48

(1) The undertaker may enter onto and use so much of the subsoil of, or air-space over, any street or city walkway within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or air-space for those purposes.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street or city walkway without being required to acquire any part of the street or city walkway or any easement or right in the street or city walkway.

(3) Paragraph (2) shall not apply in relation to—

(a) any subway, tunnel or underground building; or

(b) any cellar, vault, arch, projection, or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land which is entered onto and used under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Compensation shall not be payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

(6) The undertaker shall as soon as reasonably practicable and in any case no later than 14 days before entering the subsoil or airspace, serve notice of the use under this article, on the owner and or occupier of the subsoil or airspace proposed to be used, and such notice shall be accompanied by plans showing in sufficient detail the subsoil and airspace to be used under this article and upon written request the undertaker shall supply a copy of such notice and plans to the local authority and (if different) the local highway authority.

(7) If at any time following the use pursuant to paragraph (1) the subsoil or airspace is no longer required to be used under this article for the purposes of the authorised project—

(a) the undertaker shall serve notice on the owner that the subsoil or airspace is no longer required; and

(b) upon service of notice to the owner the right of the undertaker to use the subsoil or airspace given by paragraphs (1) and (2) shall cease; and

(c) the undertaker (or if different the owner for the time being of the part of the authorised project occupying the subsoil or airspace) shall within a reasonable time following the written request of the owner to do so, remove its equipment from the subsoil or airspace and restore the subsoil or airspace to the reasonable satisfaction of the owner and deliver up vacant possession of it.

(8) Save in respect of cranes oversailing the highway, the undertaker may not exercise the powers under this article after completion of construction.

PART 4 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

49

(1) Unless otherwise agreed by the undertaker, this article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised project, or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Deemed marine licence

50

The undertaker is granted a deemed marine licence under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009[^f00032] to carry out the activities specified in Part 1 of Schedule 15 (deemed marine licence), subject to the licence conditions set out in Part 2 of that Schedule 15.

Miscellaneous provisions relating to the 1990 Act

51

(1) Development consent granted by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being operational land for the purposes of that Act).

(2) In the exercise of the power under article 10(2) (street works) the undertaker shall be deemed to be the highway authority for the purposes of section 55(2)(b) of the 1990 Act.

Safeguarding

52

(1) Save in respect of exempt applications, before granting planning permission for development to which this article applies, a relevant planning authority must consult the undertaker.

(2) This article applies to development which—

(a) prior to completion of construction, would be wholly or partly either—

(i) in respect of the locations of proposed tunnels which will form part of the authorised project, within the construction phase safeguarding zone and at a depth of 10 or more metres below existing ground level; and or

(ii) in respect of all other parts of the authorised project, within the construction phase safeguarding zone;

(b) after completion of construction, would be either—

(i) wholly or partly within 6 metres of any tunnel forming part of the authorised project (measured from the inside face of the tunnel on the horizontal and vertical axes through the centre point of the tunnel such that the area subject to this provision is the area falling within the square defined by those horizontal and vertical parameters); or

(ii) wholly or partly within 10 metres (measured horizontally) of the outside structural surface of any shaft or other underground structure forming part of the authorised project but not falling within (b)(i); or

(iii) in all other cases, in the reasonable opinion of the relevant planning authority, having regard to the guidelines provided by the undertaker further to paragraph (3) below, likely to adversely affect the authorised project or its operational integrity.

(3) Paragraph 2(b) is conditional upon the undertaker providing to the relevant planning authority—

(a) notice of completion of construction pursuant to requirement PW16;

(b) ‘as built’ drawings of the tunnels and other below ground structures forming part of the authorised project within the relevant planning authority’s area; and

(c) a set of guidelines to which the relevant planning authority can have regard in the discharge of its obligation under paragraph 2(b)(iii).

(4) In the event that the relevant planning authority, in discharging its duty under paragraph (2)(b)(iii) of this article and having had regard to the guidelines issued under paragraph 3(c), is uncertain as to the reasonable likelihood of adverse effects on the authorised project or its operational integrity, then the relevant planning authority shall be under a duty to comply with paragraph (5) as if the development for which planning permission has been applied for falls within paragraph (2)(b).

(5) Where this article requires a relevant planning authority to consult the undertaker before granting planning permission—

(a) they must give the undertaker notice of the application for planning permission (unless the applicant has served a copy of the application on the undertaker), and

(b) they may not determine the application before the end of the period of 21 days, beginning two working days after the relevant planning authority has sent the notice to the undertaker by first class post or by such other means of service which may be agreed with the relevant planning authority, which will be deemed to be the date on which the undertaker receives the notice or copy of the application.

(6) But a relevant planning authority may determine an application during that period if the undertaker has—

(a) made representations to the relevant planning authority about the application, or

(b) notified the relevant planning authority that it does not intend to make representations.

(7) In determining an application for planning permission a relevant planning authority must take into account any representations received in accordance with this article.

(8) The requirement to consult under this article shall be a local land charge.

(9) In this article—

“construction phase safeguarding zone” means the area of land comprising the Order limits;

“exempt applications” means an application for planning permission which relates to development that— (i) consists of an alteration to an existing building, or the change of use of an existing building or land; and (ii) does not involve, or is not likely to involve any construction engineering or other operations below existing ground level; and (iii) is demonstrated by the party applying for such planning permission to the reasonable satisfaction of the relevant planning authority, as not being likely to breach the guidelines referred to at paragraph 3(c) of this article;

“relevant planning authority” means, for the purposes of this article, the planning authority in receipt of an application for planning permission to which this article applies; and

“operation” includes the testing and commissioning of the proposed development.

Provisions for protection of specified undertakers

53

Schedule 16 (provisions for protection of specified undertakers) to this Order has effect.

Discharge of requirements etc.

54

(1) Save as provided otherwise by this Order, paragraph 4 of schedule 17 (procedure for discharge of requirements etc. and appeals) shall have effect in relation to all consents, agreements, approvals or notices granted, refused or withheld in relation to—

(a) the requirements set out in Schedule 3 (requirements);

(b) any document referred to in any requirement set out in Schedule 3 (requirements); and

(2) Save as provided otherwise by this Order, paragraphs 1, 2 and 3 of schedule 17 (procedure for discharge of requirements etc. and appeals) shall have effect in relation to applications made pursuant to the requirements set out in Schedule 3 (requirements).

(3) Save for applications made pursuant to paragraph 1 of Schedule 17 (procedure for discharge of requirements etc. and appeals), if, within 28 days (unless another period is provided for by this Order) after the application or request required or contemplated by any of the provisions of the Order has been submitted to the authority or owner, it has not notified the undertaker of its disapproval and the grounds of disapproval, it shall (unless the parties have agreed otherwise) be deemed to have refused the application or request and save as otherwise provided for by this order the applicant in each case may appeal further to paragraph 4 of Schedule 17.

(4) Where an application is made to or request is made of the relevant planning authority, a highway authority, a street authority or the owner of a watercourse, sewer or drain, for any consent, agreement, approval or notice required or contemplated by any of the provisions of the Order such consent, agreement or approval shall, if given, be given in writing and shall not be unreasonably withheld.

55

Schedule 18 (removal of consent requirements) to this Order, which makes provision for the removal of consent requirements under Section 150 of the 2008 Act in relation to the provisions of this Order and otherwise for the purposes of this Order, shall have effect.

Application, disapplication and modification of legislative provisions

56

Part 1 of Schedule 19 (miscellaneous controls) to this Order, which makes provision applying, modifying and excluding statutory provisions which relate to matters for which provision may be made by this Order, has effect.

Amendment of local legislation

57

(1) Subject to any other provisions of this Order, the local enactments specified in Part 2 of Schedule 19 (miscellaneous controls), and any byelaws or other provisions made under any of those enactments, are hereby excluded and do not apply insofar as inconsistent with a provision of, or the exercise of a power conferred by, this Order.

(2) The effect of paragraph (1) is to ensure, in particular, that a power conferred by this Order may be exercised despite, and without having regard to, a provision made by or by virtue of a specified enactment, that—

(a) requires or permits a specified road, path, passage, bridge, parapet, fence or other place or structure to be kept open or maintained generally or in a specified manner,

(b) requires or permits the provision and maintenance of lights or other apparatus or structures generally or in a specified manner,

(c) prohibits or restricts (or imposes conditions or penalties on or in relation to) the obstruction or removal of, or the causing of damage to, a specified place or structure (or class of places or structures),

(d) prohibits or restricts (or imposes conditions on or in relation to) the erection of structures, or the undertaking of other works, in a specified place or structure (or class of places or structures),

(e) permits or requires a specified place or structure to be closed,

(f) makes provision about the conduct of persons using a specified walkway or other place or structure (or class of places or structures) whether by prohibiting or restricting movement (of persons, vehicles or animals) or otherwise,

(g) specifies a minimum or maximum depth for, or otherwise restricts or imposes conditions in relation to, the laying of pipes or the carrying out of any other works,

(h) prohibits the laying of pipes or the carrying out of any other works generally or without the consent of a specified person,

(i) makes provision about the construction or maintenance of, or any other matter relating to, pipes, drains or other means of connecting with sewers,

(j) prohibits or restricts interference with the banks or bed of, or traffic on, the River Thames, or

(k) in any other way would or might apply in relation to anything done, or omitted to be done, in the exercise of a power conferred by this Order.

(3) For the purposes of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

(a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

(b) action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken;

(c) action taken in pursuance of a power or duty under the provision would or might interfere with the exercise of any work authorised by this Order.

(4) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker under or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out-

(a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application,

(b) whether, in the event of a contravention of the provision of local application, the undertaker believes that the provision is excluded by this article and the grounds (if any) for that belief, and

(5) Where any person receives a response from the undertaker pursuant to paragraph (4), they shall as soon as reasonably practicable, and at any rate within 14 days of receipt of the undertaker’s response, respond in writing setting out -

(a) whether any part of the undertaker’s response is in dispute, and if so which part(s), and

(b) the grounds for disputing the undertaker’s response.

(6) The City of London (Various Powers) Act 1967 is excluded by paragraph (1) above-

(a) generally, until the completion of construction, and

(b) after the completion of construction, only in respect of section 11A(3).

Application of pipe subways legislation

58

(1) Where in the course of the construction or maintenance of the authorised project any part of public service works vested in the Mayor and Commonalty and Citizens of the City of London in accordance with Part V of the City of London (Various Powers) Act 1900[^f00033] (“the 1900 Act”) is removed, disassembled or damaged and later reinstated, Part V of the 1900 Act (as amended) shall apply to the reinstated part of the works as if it had been constructed by the said Mayor and Commonalty and Citizens in accordance with that Part of that Act

(2) Where in the course of the construction or maintenance of the authorised project any part of a subway belonging to the Mayor and Commonalty and Citizens of the City of London or to the Lord Mayor and Citizens of the City of Westminster and to which the London County Council (Subways) Act 1893[^f00034] (“the 1893 Act”) applies is removed, disassembled or damaged and later reinstated, the reinstated part of the subway shall vest in the said Mayor and Commonalty and Citizens of the City of London or in the Lord Mayor and Citizens of the City of Westminster as the case may be and the 1893 Act (as amended) shall apply to the reinstated part of the subway as if it had existed at the passing of that Act.

(3) Where in the course of the construction or maintenance of the authorised project any new pipe subway is constructed in the City of London or in the City of Westminster (not being a reinstatement of part of a subway removed, disassembled or damaged in the course of the authorised project), Part V of the 1900 Act (as amended) shall apply to the subway (if it is within the City of London) as if it was public service works constructed by the Mayor and Commonalty and Citizens of the City of London in accordance with that Part of that Act and the 1893 Act (as amended) shall apply to the pipe subway (if it is within the City of Westminster) as if it had existed at the passing of the Act.

(4) For the purposes of paragraph (2), “pipe subway” means any culvert, tube, receptacle or gallery under the surface of a street with the necessary approaches thereto adapted for the proper reception of pipes and wires placed therein; and for the purposes of this paragraph, “pipe” means any pipe, main, valve, tube, or channel, and “wire” means any wire, conductor or cable and any attachment thereto or any covering or protection thereof.

(5) Part V of the 1900 Act or (as the case may be) the 1893 Act shall not cease to apply to any public service works or (as the case may be) subway to which either Act applies prior to the commencement of the authorised project, and shall not fail to apply to any reinstatement or replacement thereof in the course of the authorised project, by virtue of the fact that land counted as a “street” for the purpose of either Act ceases so to be counted as a result of the exercise of a power conferred by this Order.

Other legislation in the City of London

59

If and to the extent that the relocated stairs specified in Work No. 17b(viii) in Part of Schedule 1 to this Order or the replacement stairs and lift specified in Work No. 17b(ix) (“the replacement structures”) become vested in the Mayor and Commonalty and Citizens of the City of London in their capacity as trustees of the Bridge House Estates, section 16 of the Blackfriars Bridge Act 1863[^f00035] (new Bridge deemed to be vested in the City of London as Trustees of the Bridge House Estates) shall have effect as if a reference to the new Bridge included a reference to the replacement structures (in so far as so vested).

Unilateral undertaking – Project-wide matters

60

The authorised development shall not commence unless and until the undertaker enters into the Unilateral undertaking for securing offsite mitigation and compensation policy and resources for local planning authorities (in accordance with document reference APP209.03).

Certification of plans etc

61

(1) The undertaker shall, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a) the land plans;

(b) the access plans;

(d) the approved plans;

(e) the book of reference; and

(f) the environmental statement,

for certification that they are true copies of the plans or documents referred to in this Order.

(2) A plan or document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Meaning of Secretary of State

62

For the purposes of the provisions of this Order the Secretary of State shall mean the Secretary of State for Communities and Local Government and the Secretary of State for Environment, Food and Rural Affairs, save that for the purposes of the following articles it shall mean the Secretary of State stated (or their successor)—

(a) Article 9 (transfer of benefit of Order) - the Secretary of State for Environment, Food and Rural Affairs;

(b) Article 23 (removal of human remains) - the Secretary of State for Justice;

(d) Schedule 17, paragraph 4 (procedure for discharge of requirements etc. and appeals) - the Secretary of State for Communities and Local Government.

Arbitration

63

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

(a) in the case of matter pertaining to land and surveying of such land, the President of the Royal Institute of Chartered Surveyors;

(b) in the case of matters pertaining to archaeology, the President of the Institute of Field Archaeologists;

(d) in the case of all other matters, the President of the Institution of Civil Engineers.

SCHEDULE 1 — AUTHORISED PROJECT

PART 1 — AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 29(1A) of the Planning Act 2008 (as amended) (‘the Act’) comprising the works described in column (1) of the table below.

Associated development within the meaning of section 115(2) of the Act including the works described in column (2) of the table below.

(1) Works comprising a nationally significant infrastructure project as defined in sections 14 and 29(1A) of the Act	(2) Works comprising associated development within the meaning of section 115(2) of the Act
Work Nos. 1a, 1b, 1c, 1d, 2a, 3a, 3b, 4a, 4b, 5a, 5b, 6a, 7, 8a, 9a, 10a, 10b, 11a, 11b, 12a, 12b, 13a, 14a, 14b, 15a, 15b, 16a, 16b, 17a, 19a, 20, 21a, 22a, 23a, and 24a. These works are marked with an asterisk in the description below.	Work Nos. 2b, 3c, 4c, 5c, 5d, 6b, 8b, 8c, 9b, 10c, 11c, 12c, 13b, 14c, 15c, 16c, 17b, 18, 19b, 21b, 22b, 23b, 23c, 24b, 25, 26 and 27.

The description set out in this Schedule is subject to article 2(4) of this Order.

In the London Boroughs of Ealing, Hounslow, Hammersmith and Fulham, Richmond-upon-Thames and Wandsworth, the Royal Borough of Kensington and Chelsea, the London Borough of Lambeth, the City of Westminster and the City of London, and the London Boroughs of Southwark, and Lewisham, the Royal Borough of Greenwich and the London Boroughs of Tower Hamlets and Newham MAIN TUNNEL Work No.1a: Main tunnel (west): A tunnel with an internal diameter of 6.5 metres and 6950 metres in length between Acton Storm Tanks main tunnel shaft (Work No.2a) and Carnwath Road Riverside main tunnel shaft (Work No.6a). Work No.1b: Main tunnel (west central): A tunnel with an internal diameter of 7.2 metres and 5000 metres in length between Carnwath Road Riverside main tunnel shaft (Work No.6a) and Kirtling Street main tunnel shaft (Work No.13a). Work No.1c: Main tunnel (east central): A tunnel with an internal diameter of 7.2 metres and 7670 metres in length between Kirtling Street main tunnel shaft (Work No.13a) and Chambers Wharf main tunnel shaft (Work No.19a). Work No.1d: Main tunnel (east): A tunnel with an internal diameter of 7.2 metres and 5520 metres in length between Chambers Wharf main tunnel shaft (Work No.19a) and Abbey Mills Pumping Station main tunnel shaft (Work No.26a).

In the London Borough of Ealing ACTON STORM TANKS *Work No.2a: Acton Storm Tanks main tunnel shaft – A shaft with an internal diameter of 15 metres and a depth (to invert level) of 31 metres. Work No.2b: Acton Storm Tanks associated development - Works to intercept and divert flow from the Acton Storm Relief CSO to the Acton Storm Tanks main tunnel shaft (Work No.2a) and into main tunnel (west) (Work No.1a), including the following above and below ground works and structures: decommissioning, partial demolition and infilling of two existing storm tanks; modification and partial demolition of existing above ground overflow weir chamber; demolition and subsequent rebuilding of boundary wall and fence along south-west boundary of the Acton Storm Tanks site; works to establish a main tunnel reception site; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; temporary modifications (including installation of pumping equipment) to existing storm tanks during the construction of Works Nos. 2a and 2b; works to isolate and by-pass the remaining four storm tanks from the existing system; construction of structures for air management plant and equipment, including filters, fans, ventilation columns and acoustic attenuation chambers and associated ducts and other chambers; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; construction of a temporary access point off Warple Way and subsequent reinstatement to original highway layout; construction of a permanent access off Canham Road; modifications to junction of Canham Road and Stanley Gardens, and Canham Road and Warple Way; works to strengthen carriageway to Canham Road, Stanley Gardens and Warple Way; works for the management of traffic entering and leaving the car park to the south-west of the site accessed off Warple Way; and provision of temporary noise enclosure over Work No. 2a, areas for storage of construction materials including temporary enclosures and workshops, concrete batching plant, fixed and mobile cranage, provision of power supplies and other utilities including temporary buildings and other means of enclosure, office and welfare facilities and installations and equipment for monitoring the construction activity with associated installation of a tunnel lining.

In the London Borough of Hammersmith and Fulham HAMMERSMITH PUMPING STATION Work No.3a: Hammersmith Pumping Station CSO drop shaft - A shaft with an internal diameter of 11 metres and a depth (to invert level) of 33 metres. Work No.3b: Hammersmith connection tunnel - A tunnel between Hammersmith Pumping Station CSO drop shaft (Work No.3a) and the main tunnel (west) (Work No.1a). Work No.3c: Hammersmith Pumping Station associated development - Works to intercept and divert flow from the Hammersmith Pumping Station CSO to the Hammersmith Pumping Station CSO drop shaft (Work No.3a) and into the Hammersmith connection tunnel (Work No.3b) including the following above and below ground works and structures: demolition or modification of existing screen house; demolition and subsequent rebuilding of boundary wall between Hammersmith Pumping Station and the adjacent development site; construction of a new secondary dry weather flow pumping station; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment, including filters and ventilation columns and associated below ground ducts and chambers; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; construction of a penstock control panel; construction of temporary construction access from Distillery Road and subsequent reinstatement to original layout; construction of a permanent vehicle access off Distillery Road; and junction improvements to junction of Chancellor’s Road and Distillery Road.

In the London Boroughs of Richmond-upon-Thames and Wandsworth BARN ELMS Work No.4a: Barn Elms CSO drop shaft - A shaft with an internal diameter of 6 metres and which has a depth (to invert level) of 34 metres. Work No.4b: West Putney connection tunnel - A tunnel between Barn Elms CSO drop shaft (Work No.4a) and the main tunnel (west) (Work No.1a). Work No.4c: Barn Elms associated development - Works to intercept and divert flow from the West Putney Storm Relief CSO to the Barn Elms CSO drop shaft (Work No.4a) and into the West Putney connection tunnel (Work No.4b) including the following above and below ground works and structures: demolition and replacement of existing changing rooms at Barn Elms Schools Sports Centre including works to car park; formation of a construction vehicle access road to Queen Elizabeth Walk (including suitable means of enclosure), to be subsequently rebuilt as a permanent access road, modifications to the existing sports track and field facilities, diversion of the existing pedestrian access route to Barn Elms Schools Sports Centre; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; construction of a permanent operational maintenance area, including hardstanding, landscaping and raising existing ground levels; and construction of an integrated electrical and control kiosk, incorporating a habitat enclosure and ventilation column.

In the London Borough of Wandsworth PUTNEY EMBANKMENT FORESHORE Work No.5a: Putney Embankment Foreshore CSO drop shaft - A shaft with internal diameter of 6 metres and a depth (to invert level) of 36 metres. Work No.5b: Putney Bridge connection tunnel - A tunnel between Putney Embankment Foreshore CSO drop shaft (Work No.5a) and the main tunnel (west) (Work No.1a). Work No.5c: Putney Embankment Foreshore associated development - Works to intercept and divert flow from the Putney Bridge CSO to the Putney Embankment Foreshore CSO drop shaft (Work No.5a) and into the Putney Bridge connection tunnel (Work No.5b) including the following above and below ground works and structures: dredging and construction of a cofferdam including the placement of fill material, connection to the existing river wall and construction of a campshed; partial demolition of existing river wall and construction of new river wall including connection to and alteration of the existing river wall to reclaim land and to enclose Work Nos. 5a and 5c(iv), and scour protection works, relocation of Putney Bridge CSO, and a new CSO outfall apron; removal of existing CSO apron in the foreshore; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of electrical and control kiosks; works to the listed Putney Bridge including attaching the interception chamber (Work No. 5(c)(iv)) to the bridge abutment including protection to the underside of the bridge arch, installing ventilation ducts through the listed bridge, and attaching ventilation column through the bridge structure; works to attach an electrical kiosk to the listed wall behind Waterman’s Green, including coming through the listed wall; relocation and replacement of listed bollards; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage; works for the protection and reinstatement of public draw dock/slipway; construction of a new permanent access off the Embankment; and temporary relocation of existing houseboat to the west of the existing Putney Pier including dredging, provision of associated mooring and access. Work No.5d: Putney Embankment Foreshore temporary slipway associated development – Works to provide a replacement temporary slipway, including works to strengthen or support the existing river wall to the landward of the temporary slipway, demolition of part of the existing river wall and slipway and construction of the temporary public slipway and its subsequent removal and reinstatement of land.

In the London Borough of Hammersmith and Fulham CARNWATH ROAD RIVERSIDE *Work No.6a: Carnwath Road Riverside main tunnel shaft - A shaft with an internal diameter of 25 metres and a depth (to invert level) of 42 metres. Work No.6b: Carnwath Road Riverside associated development – Works to establish a tunnel drive and reception site for use in constructing, connecting and operating the main tunnel (west) (Work No.1a) and the main tunnel (west central) (Work No.1b), and the Frogmore connection tunnel (Work No.7), including the following above and below ground works and structures: demolition of existing buildings and ground preparation works including land remediation; demolition of existing boundary wall to Carnwath Road on Whiffin and Hurlingham Wharves and demolition of boundary wall between Hurlingham Wharf and Carnwath Road Industrial Estate and partial rebuilding of wall for Whiffin Wharf and reinstatement around Hurlingham Wharf; strengthening and alteration of existing river wall to the south of Whiffin Wharf, and strengthening or replacing the existing river wall to the south of Hurlingham Wharf and Carnwath Road Industrial Estate; dredging and construction of a temporary jetty with campshed or campsheds adjacent to the river wall; provision of areas for assembly of plant and machinery, storage of construction materials and excavated materials including temporary enclosures and workshops, concrete batching plant, fixed and mobile craneage, plant and equipment for ground treatment and dewatering and facilities and equipment for the processing of excavated materials from shaft and tunnel excavation including silos, tanks and conveyors (with and without noise enclosures), provision of power supplies (including substations) and other utilities including temporary buildings and other means of enclosure, office and welfare facilities and installations and equipment for monitoring the construction activity; construction of a noise enclosure building over Work No 6a for use in association with the construction of Work No. 1a; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; construction of a ventilation building to accommodate air management plant and equipment including filters and fans and construction of ventilation columns and acoustic attenuation chambers and associated below ground ducts and chambers; modifications to the Carnwath Road / Wandsworth Bridge Road junction and subsequent reinstatement to original layout; provision of construction accesses to Whiffin Wharf, Hurlingham Wharf, and highway works site adjacent to Wandsworth Bridge Road; construction of permanent access off Carnwath Road; and construction of boundary wall between Hurlingham Wharf and Whiffin Wharf.

In the London Borough of Wandsworth FROGMORE CONNECTION TUNNEL Work No.7: Frogmore connection tunnel - A tunnel with an internal diameter of 2.6 to 3 metres and 1120 metres in length between Carnwath Road Riverside main tunnel shaft (Work No.6a) and King George’s Park CSO drop shaft (Work No.9a). DORMAY STREET Work No.8a: Dormay Street CSO drop shaft - A shaft with an internal diameter of 12 metres and which has a depth (to invert level) of 24 metres. Work No.8b: Dormay Street associated development - Works to establish a tunnel drive site for use in constructing and operating the Frogmore connection tunnel (Work No. 7), including the following above and below ground works and structures: demolition of existing buildings and ground preparation works including land remediation; strengthening and alteration or replacement of the existing river wall to the south of Bell Lane Creek and works to protect and or strengthen the river wall on the north side of Bell Lane Creek; works for the protection of, or the relocation of, the existing electricity sub-station to the south of Bell Lane Creek; provision of areas for assembly of plant and machinery, storage of construction materials and excavated materials including temporary enclosures and workshops, concrete batching plant, fixed and mobile craneage, plant and equipment for piling, ground treatment and dewatering and facilities and equipment for the processing of excavated materials from shaft and tunnel excavation including silos, tanks and conveyors (with and without noise enclosures), provision of power supplies (including substations), office and welfare facilities and installations and equipment for monitoring the construction activity; and construction of temporary vehicle bridge over Bell Lane Creek. Work No.8c: Dormay Street associated development - Works to intercept and divert flow from the Frogmore Storm Relief – Bell Lane Creek CSO to the Dormay Street CSO drop shaft (Work No. 8a) and into the Frogmore connection tunnel (Work No. 7) including the following above and below ground works and structures: construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of an integrated electrical and control kiosk and ventilation column; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; construction of new temporary access to the Causeway and subsequent reinstatement to original layout; provision of construction access off Dormay Street; construction of permanent vehicular access off Dormay Street; and alterations to the junction of Dormay Street, The Causeway and Armoury Way. KING GEORGE’S PARK Work No.9a: King George’s Park CSO drop shaft - A shaft with an internal diameter of 9 metres and a depth (to invert level) of 21 metres. Work No.9b: King George’s Park associated development - Works to intercept and divert flow from the Frogmore Storm Relief – Buckhold Road CSO to the King George’s Park CSO drop shaft (Work No.9a) and into the Frogmore connection tunnel (Work No.7), including the following above and below ground works and structures: removal of existing park gates and fencing; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of integrated electrical and control kiosk and ventilation columns; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; construction of permanent access off Neville Gill Close; construction of permanent pedestrian access off the junction of Buckhold Road and Neville Gill Close; junction alterations at the junction of Buckhold Road and Neville Gill Close and subsequent reinstatement to original layout; provision of depression for the purposes of flood mitigation; and construction of a permanent hardstanding area including raising existing ground levels. FALCONBROOK PUMPING STATION Work No.10a: Falconbrook Pumping Station CSO drop shaft - A shaft with an internal diameter of 9 metres which extends 1 metre above the proposed ground level and which has a depth (to invert level) of 40 metres (measured from the top of Work No.10a). *Work No.10b: Falconbrook connection tunnel - A tunnel between Falconbrook Pumping Station CSO drop shaft (Work No.10a) and the main tunnel (west central) (Work No.1b). Work No.10c: Falconbrook Pumping Station associated development - Works to intercept and divert flow from the Falconbrook Pumping Station CSO to the Falconbrook Pumping Station CSO drop shaft (Work No.10a) and into the Falconbrook connection tunnel (Work No.10b) including the following above and below ground works and structures: demolition of existing screen house and disused public convenience to include the formation of new cover slabs on the existing substructure, demolition of boundary wall to Pumping Station compound and subsequent rebuilding, removal of existing railings between York Gardens and York Road, and demolition of advertising screen; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; relocation of existing Pumping Station compound vehicle access; relocation of bus stop (including provision of new layby); and construction of temporary accesses for construction from York Road and subsequent reinstatement including revised pedestrian access layout.

In the Royal Borough of Kensington and Chelsea CREMORNE WHARF DEPOT Work No.11a: Cremorne Wharf Depot CSO drop shaft – A shaft with an internal diameter of 8 metres and a depth (to invert level) of 42 metres. Work No.11b: Lots Road connection tunnel - A tunnel between Cremorne Wharf Depot CSO drop shaft (Work No.11a) and the main tunnel (west central) (Work No.1b). Work No.11c: Cremorne Wharf Depot associated development – Works to intercept and divert flow from the Lots Road Pumping Station CSO to the Cremorne Wharf Depot CSO drop shaft (Work No.11a) and into the Lots Road connection tunnel (Work No.11b) including the following above and below ground works: demolition of existing depot building and associated structures; works for the provision of a campshed including the dredging and renovation of the existing campshed; replacement or other works to protect or strengthen the existing flood defence on the western boundary of the site; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; installation of electrical and control equipment within the listed Lots Road Pumping Station including a below ground penetration through the external wall north-east elevation and modifications to the interior of the pumping station, provision of a local control pillar outside the pumping station and replacement of or modification to an existing ventilation column on the north-eastern elevation of the existing pumping station; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; construction of replacement depot building and associated structures to replace that demolished under paragraph (i) above following completion of Work Nos. 11a and 11b; and alterations of existing accesses from Lots Road and subsequent reinstatement. CHELSEA EMBANKMENT FORESHORE Work No.12a: Chelsea Embankment Foreshore CSO drop shaft – A shaft with an internal diameter of 12 metres and a depth (to invert level) of 45 metres. Work No.12b: Ranelagh connection tunnel - A tunnel between Chelsea Embankment Foreshore CSO drop shaft (Work No.12a) and the main tunnel (west central) (Work No.1b). Work No.12c: Chelsea Embankment Foreshore associated development - Works to intercept and divert flow from the Ranelagh CSO and connect the northern Low Level Sewer No.1 to the Chelsea Embankment Foreshore CSO drop shaft (Work No.12a) and into the Ranelagh connection tunnel (Work No.12b) including the following above and below ground works: partial demolition of existing river wall and construction of new river wall including connection to and alteration of the existing river wall to reclaim land and to enclose Work Nos. 12a and 12c (iv), (v), (vi) and (vii) and scour protection works, relocation of existing CSO, and new CSO outfall apron; removal of existing CSO apron in foreshore; dredging and construction of a cofferdam including the placement of fill material, connection to the existing river wall and construction of a campshed; construction of an interception chamber, overflow weir chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of electrical and control equipment kiosks; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage; provision of construction access from Chelsea Embankment and subsequent reinstatement to original highway layout; provision of permanent access from Chelsea Embankment; provision of temporary signalised pedestrian crossing and its subsequent removal; permanent relocation of existing pedestrian traffic island; realignment of existing kerb line of the Bull Ring; and removal and subsequent reinstatement of existing walls and railings to frontage of Ranelagh Gardens, with new gate to provide access to diverted utilities.

In the London Borough of Wandsworth KIRTLING STREET Work No.13a: Kirtling Street main tunnel shaft – A shaft with an internal diameter of 30 metres and a depth (to invert level) of 48 metres. Work No.13b: Kirtling Street associated development - Works to establish a main tunnel drive site for use in constructing, connecting and operating the main tunnel (west central) (Work No.1b) and main tunnel (east central) (Work No.1c), including the following above and below ground works and structures: demolition of existing office and warehouse buildings and other structures, to the north of Kirtling Street, to the north and south of Cringle Street and demolition of structures within Kirtling Wharf (also known as Cringle Wharf) including existing concrete batching plant, offices and electricity sub-station and ground preparation works including land remediation; provision of a permanent concrete batching plant including conveyors, aggregate storage, silos, concrete plant, tanks, pits, offices and associated structures, and electricity substation at Kirtling Wharf; dredging and construction of temporary jetty including conveyors with acoustic enclosures and works to protect or strengthen the existing river wall; provision of areas for assembly of plant and machinery, storage of construction materials and excavated materials including temporary enclosures and workshops, concrete batching plant, fixed and mobile craneage, plant and equipment for ground treatment and dewatering and facilities and equipment for the processing of excavated materials from shaft and tunnel excavation including silos, tanks and conveyors (with and without noise enclosures), provision of power supplies (including substations), and other utilities including temporary buildings and other means of enclosure, office and welfare facilities and installations and equipment for monitoring the construction activity; construction of an acoustic enclosure building(s) over Work No. 13a for use in association with the construction of Work Nos. 1b and 1c; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of electrical and control kiosks; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; provision of construction accesses off Cringle Street and subsequent reinstatement of original highway layout; and provision of a permanent access off Kirtling Street. HEATHWALL PUMPING STATION Work No.14a: South West Storm Relief CSO drop shaft – A shaft with an internal diameter of 16 metres and a depth (to invert level) of 46 metres. Work No.14b: Heathwall / South West Storm Relief connection tunnel - A tunnel between the South West Storm Relief CSO drop shaft (Work No.14a) and the main tunnel (east central) (Work No.1c). Work No.14c: Heathwall Pumping Station associated development - Works to intercept and divert flow from the Heathwall Pumping Station CSO and South West Storm Relief CSO to the South West Storm Relief CSO drop shaft (Work No.14a) and into the Heathwall / South West Storm Relief connection tunnel (Work No.14b), including the following above and below ground works and structures: dredging and construction of a cofferdam including the placement of fill material, connection to the existing river wall and construction of a campshed; works to protect or strengthen the existing river wall to the east and west of Work No. 14(c)(i) and the existing Middle Wharf jetty,* partial demolition of existing river wall and construction of new river wall including connection to and alteration of the existing river wall to reclaim land and to enclose Work No. 14c(iii), (iv) and (vi) and scour protection works, relocation of existing CSO, and new CSO outfall apron; construction of interception chambers and Heathwall CSO drop shaft, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; provision of local control pillar; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage, including facilities for drainage attenuation; temporary relocation of the Battersea Barge to the west including provision of associated mooring and access; and alterations to existing accesses on Nine Elms Lane and subsequent reinstatement to original highway layout.

In the London Borough of Lambeth ALBERT EMBANKMENT FORESHORE Work No.15a: Albert Embankment Foreshore CSO drop shaft – A shaft with an internal diameter of 16 metres and a depth (to invert level) of 48 metres. Work No.15b: Clapham / Brixton connection tunnel – A tunnel between Albert Embankment Foreshore CSO drop shaft (Work No.15a) and the main tunnel (east central) (Work No.1c). Work No.15c: Albert Embankment Foreshore associated development - Works to intercept and divert flow from the Brixton Storm Relief CSO and the Clapham Storm Relief CSO to the Albert Embankment Foreshore CSO drop shaft (Work No.15a) and into the Clapham / Brixton connection tunnel (Work No.15b) including the following above and below ground works: partial demolition of existing river wall and construction of new river wall including connection to and alteration of the existing river wall to reclaim land and to enclose elements of Work No.15c (vii), (ix) and (x) under and adjacent to the listed Vauxhall Bridge including protection of bridge abutment and arch, and scour protection works including new CSO outfall aprons, relocation of the existing Clapham Storm Relief CSO and Brixton Storm Relief CSO to form the new Effra CSO; works to protect and strengthen the existing slipway and existing river wall; partial demolition of existing river wall and construction of new river wall including connection to and alteration of the existing river wall to reclaim land and to enclose Work No. 15a and elements of Work No. 15c(vi), (ix) and (x) to the north of Lacks Dock slipway and scour protection works; removal of existing CSO aprons and overflow structures (including timber dolphins and posts) in the foreshore; dredging and construction of cofferdam (relating to Works No. 15c(i)) including the placement of fill material, connection to the existing river wall and construction of campsheds adjacent to cofferdam and temporary ramp from foreshore; dredging and construction of cofferdam (relating to Works No. 15c(iii)) including the placement of fill material, connection to the existing river wall and construction of campsheds adjacent to cofferdam; construction of an interception chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; works to the listed Vauxhall Bridge abutment and pier(s) in connection with Work Nos. 15c(i), (v) and (vii); construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of electrical and control kiosks and local control pillars; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage; works to create two new construction accesses from Albert Embankment, between Camelford House and Tintagel House (including demolition of steps and boundary walls, and modifications to ramp to basement car park to Camelford House) and subsequent reinstatement to original layout, and additionally via the existing Lack’s Dock (including demolition of existing concrete wall and planter on north side of Lack’s Dock) and subsequent reinstatement; temporary relocation of existing vehicle control barrier and security kiosk at entrance to Lack’s Dock from Albert Embankment and temporary provision of traffic control measures; and provision of permanent access from Albert Embankment via Lack’s Dock.

In the City of Westminster VICTORIA EMBANKMENT FORESHORE Work No.16a:Victoria Embankment Foreshore CSO drop shaft – A shaft with an internal diameter of 13 metres and a depth (to invert level) of 51 metres. Work No.16b: Regent Street connection tunnel – A tunnel between Victoria Embankment Foreshore CSO drop shaft (Work No.16a) and the main tunnel (east central) (Work No.1c). Work No.16c: Victoria Embankment Foreshore associated development - Works to control and divert flow from the northern Low Level Sewer No.1 to the Victoria Embankment Foreshore CSO drop shaft (Work No.16a) and into the Regent Street connection tunnel (Work No.16b) including the following above and below ground works: dredging and construction of cofferdam, including the placement of fill material, connection to the existing river wall and construction of campsheds; partial demolition of existing listed river wall and construction of new river wall including connection to and alteration of the existing river wall to reclaim land and to enclose Work Nos. 16a and 16c(iii), (v), (vi) and (vii) and scour protection works, new Regent Street B CSO, and new CSO outfall apron; construction of an overflow weir chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; removal and subsequent reinstatement of existing listed features including lamp standards and benches; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of electrical and control kiosks; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage including reinstatement of pipe subway; provision of construction access from Victoria Embankment and subsequent reinstatement to original layout; provision of permanent access from Victoria Embankment; removal of a section of central reservation and its subsequent re-instatement; removal of existing mooring for the Tattershall Castle attached to listed wall (and associated access ramps), construction and use of a new temporary and permanent mooring (over listed wall) for a vessel to the south of Work No. 16c(ii), and means of access for both attached to the listed wall including access brows, gangways, guide piles, mooring chains and anchors fixed to the river bed, construction dredging and associated sheet piling to accommodate the relocated vessel in both the permanent and temporary locations for the vessel; temporary removal and then reinstatement of the service mooring / service pontoon to the east of the junction of Victoria Embankment and Horse Guards Avenue including guide piles; permanent removal of service mooring / service pontoon to the north of the junction of Victoria Embankment and Horse Guards Avenue; and construction of amenity buildings.

In the City of London BLACKFRIARS BRIDGE FORESHORE *Work No.17a: Blackfriars Bridge Foreshore CSO drop shaft – A shaft with an internal diameter of up to 24 metres and a depth (to invert level) of 53 metres. Work No.17b: Blackfriars Bridge Foreshore associated development – Works to intercept and divert flow from the Fleet Main CSO and connect the northern Low Level Sewer No.1 to the Blackfriars Bridge Foreshore CSO drop shaft (Work No.17a) and into the main tunnel (east central) (Work No.1c), including the following above and below ground works: demolition of the existing Blackfriars Millennium Pier (including associated ramps, steps, and offices adjacent to the Pier) and relocation to the east of Blackfriars Bridge, including dredging and associated sheet piled wall, a new pontoon (including enclosed waiting area and associated office accommodation) and means of access including access brows, bank seats and gangways; removal of section of wall to the north of Work No. 17b(i) and construction of pedestrian gate for emergency services access to the relocated pier; dredging and construction of a cofferdam including the placement of fill material, connection to the existing listed river wall, and protection to listed Blackfriars Road Bridge; partial demolition of existing listed and non-listed river wall and construction of new river wall including connection to and alteration of the existing river wall to reclaim land and to enclose Work Nos. 17a and 17b(v), (xi), (xii), and (xiii) and scour protection works, relocation of Fleet Main CSO, and a new CSO outfall apron; construction of an interception chamber, overflow weir chamber, hydraulic structures, chambers with access covers and other structures including culverts, pipes and ducts to modify, connect, control, ventilate, de-aerate, and intercept flow; demolition of existing west bound Victoria Embankment on-slip ramp and its subsequent reconstruction; removal of existing mooring for the President and subsequent reinstatement after construction of Work Nos. 17a and 17b (save for this reinstatement) including pontoon. and means of access over listed river wall including access brows, bank seats and gangways, guide piles, mooring chains and anchors fixed to the river bed and dredging and associated sheet piling to accommodate the vessel. Construction of a temporary mooring at Chrysanthemum Pier to accommodate the President, including modification to the existing mooring or its demolition and construction of a new mooring; including means of access over listed river wall, including access brows, bank seats and gangways to accommodate the temporary mooring of the President; mooring chains and anchors fixed to the river bed, and dredging and associated sheet piling to accommodate the relocated vessel; and reinstatement of existing mooring at Chrysanthemum Pier after construction of Work Nos. 17a and 17b (save for this reinstatement); works to the listed Blackfriars Road Bridge to remove and subsequently relocate the existing stairs from the Thames Path and subway and Blackfriars Road Bridge on the west side of the bridge; works to the listed Blackfriars Road Bridge to remove the existing stairs on the east side of the bridge and provision of replacement stairs and lift from the existing Thames Path up to Blackfriars Road Bridge; removal and reinstatement of listed features including lamp standards and benches; construction of structures for air management plant and equipment including filters and ventilation columns and associated below ground ducts and chambers; construction of electrical and control kiosks; construction of pits, chambers, ducts and pipes for cables, hydraulic pipelines, utility connections, utility diversions and drainage; provision of temporary access from Victoria Embankment and subsequent reinstatement to original layout; provision of permanent access from Victoria Embankment; construction of amenity building(s); and works to reprovide access to public toilets and sports club.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.