Legalize / United Kingdom / Statutory-Instrument

The Silvertown Tunnel Order 2018

Type Statutory-Instrument

Publication 2018-05-10

Last updated 2019-02-22

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(8) Before exercising the powers conferred by paragraphs (1) or (3) TfL must consult such persons as TfL considers necessary and appropriate and have regard to the representations made to TfL by any such person.

(9) In the case of Saffron Avenue as identified in Part 2 of Schedule 11 (traffic regulation measures, etc.) (and shown on sheet 4 of the traffic regulation measures (clearways and prohibitions) plans), the powers conferred by this article cannot be exercised by TfL without the consent of the owner of that road.

(10) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

Deemed marine licence

62

The marine licence set out in Schedule 12 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act for the licensed activities set out in Part 1, and subject to the licence conditions set out in Part 2, of that licence.

Defence to proceedings in respect of statutory nuisance

63

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by TfL for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974 ;

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by TfL for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

64

Schedule 13 (protective provisions) has effect.

Certification of documents

65

(1) As soon as practicable after the making of this Order, TfL must submit copies of each of the plans and documents set out in Schedule 14 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 14 requires to be amended to reflect the terms of the Secretary of State's decision to make this Order, that plan or document in the form amended to the Secretary of State's satisfaction is the version of the document required to be submitted for certification under paragraph (1).

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

(4) TfL must, following certification of the plans and documents in accordance with paragraph (1), make those plans and documents available in electronic form for inspection by members of the public.

Silvertown Tunnel Implementation Group

66

(1) TfL must establish and fund the reasonable secretarial and administrative costs of a consultative body to be known as the Silvertown Tunnel Implementation Group (in this Order referred to as “STIG”).

(2) STIG will comprise one representative of each of the following bodies—

(a) TfL;

(b) the GLA;

(d) the Council of the London Borough of Bexley;

(e) the Council of the London Borough of Bromley;

(f) the City of London Corporation;

(g) the Council of the Royal Borough of Greenwich;

(h) the Council of the London Borough of Hackney;

(i) the Council of the London Borough of Lewisham;

(j) the Council of the London Borough of Newham;

(k) the Council of the London Borough of Redbridge;

(l) the Council of the London Borough of Southwark;

(m) the Council of the London Borough of Tower Hamlets;

(n) the Council of the London Borough of Waltham Forest; and

(o) Highways England, or any other person which in place of Highways England—

(i) is for the time being the traffic authority for the Dartford river crossings between Dartford, Kent and Thurrock, Essex; or

(ii) is for the time being the traffic authority for the proposed new river crossing known as the Lower Thames Crossing east of Gravesend, Kent and Tilbury, Essex, if the crossing is granted development consent under the 2008 Act.

(3) Each body mentioned in paragraph (2)(b) to (2)(o) above must notify TfL of the identity of its nominated representative.

(4) If any person nominated under paragraph (3) cannot attend a STIG meeting, the nominating body may nominate a person (on an occasional or standing basis, as it determines) to act as the nominating body's substitute representative at the meeting.

(5) TfL must consult the other members of STIG on the following matters relating to implementation of the authorised development—

(a) the extent, nature and duration of monitoring to be implemented in accordance with the monitoring and mitigation strategy;

(b) the proposals for the initial bus services that will operate through the tunnels when the Silvertown Tunnel opens for public use;

(d) any proposed revisions to the charging policy under article 53 (the charging policy); and

(e) the level of charges required to be paid for use of the tunnels under article 54 (power to charge for use of the tunnels) and any exemptions and discounts.

(6) In taking any decision in respect of any of the matters set out in paragraph (5), TfL must have regard to any recommendations or representations made by a member of STIG in response to the consultation carried out under that paragraph.

(7) Unless otherwise agreed by STIG, TfL must convene a meeting of STIG, chaired by a representative elected by the members of STIG, at least twice a year on a date to be determined by TfL, including on each occasion that TfL publishes a monitoring report in accordance with the monitoring and mitigation strategy.

(8) The first meeting of STIG must be held not less than three years before the date on which the Silvertown Tunnel is expected to open for public use.

(9) Part VA (access to meetings and documents of certain authorities, committees and sub-committees) of the Local Government Act 1972 and the Public Bodies (Admission to Meetings) Act 1960 do not apply to STIG or to its meetings or proceedings.

(10) TfL must publish on its website agendas, reports, minutes and other relevant documents relating to the operation of STIG as soon as reasonably practicable after they become available.

Service of notices

67

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article must not be taken to exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

68

Except where otherwise expressly provided for in this Order and unless otherwise agreed in writing between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Consents, agreements and approvals

69

(1) Where any application is made to a relevant authority, the consent, agreement or approval concerned must, if given, be given in writing and is not to be unreasonably withheld or delayed.

(2) If a relevant authority which has received an application fails to notify TfL of its decision before the end of the period of 28 days beginning with the date on which the application was received, the relevant authority is deemed to have given its consent, agreement or approval, as the case may be.

(3) Any application to which this article applies must include a written statement that the provisions of paragraph (2) apply to that application.

(4) In this article—

“application” means an application or request for any consent, agreement or approval required or contemplated by articles 6 (street works), 8 (construction and maintenance of new, altered or diverted streets), 10 (temporary stopping up and restriction of use of streets), 11 (access to works), 16 (authority to survey and investigate land) and 61 (traffic regulation measures); and

“relevant authority” means a planning authority, a traffic authority, a highway authority or a street authority.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In—

the Royal Borough of Greenwich in respect of part of Work No. 1 and the whole of Work Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14; and

in the London Borough of Newham in respect of part of Work No. 1 and the whole of Work Nos. 15, 16, 17, 18, 19, 20A and 20B,

a development which, in accordance with a direction made by the Secretary of State for Transport on 25 June 2012 under section 35⁹³ (directions in relation to projects of national significance) of the 2008 Act, is development for which development consent is required, and associated development within the meaning of section 115(2)⁹⁴ (development for which development consent may be granted) of the 2008 Act, comprising—

Work No. 1 – shown on sheets 1, 2 and 3 of the works plans and being the construction of a twin bore highway tunnel for a length of 1,440 metres from a portal on the Greenwich peninsula in the Royal Borough of Greenwich, and passing beneath the river Thames, to a portal in Silvertown in the London Borough of Newham, to include—

(a) the construction of a section of cut and cover tunnel, between its portal on the Greenwich peninsula (the South Portal) and the tunnel-boring machine launch chamber located on the Greenwich peninsula, and comprising either a cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the south portal and cross-passages connecting the two tunnels;

(b) the construction of a section of bored tunnel, comprising two tunnels, one for northbound traffic and one for southbound traffic, with two-lane carriageways in each direction, between the tunnel-boring machine launch chamber located in Silvertown and the tunnel-boring machine launch chamber located on the Greenwich peninsula, including cross-passages connecting the two tunnels;

(c) the construction of a section of cut and cover tunnel between its portal in Silvertown (the North Portal) and the tunnel-boring machine launch chamber located in Silvertown, and comprising either a single cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the north portal and cross-passages connecting the two tunnels;

(d) the construction of an anti-recirculation wall at the South Portal;

(e) the construction of two tunnel-boring machine launch chambers, one in the London Borough of Newham (Silvertown) and one in the Royal Borough of Greenwich (Greenwich peninsula); and

(f) the construction (and subsequent removal on completion of construction of the authorised development) of a temporary decked car park situated on land lying between West Parkside and Millennium Way, and being required in consequence of the construction of Work Nos. 1 (a) and (d) (Greenwich peninsula) to provide replacement car parking facilities for the O2 Arena during construction of the authorised development.

Work No. 2 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach southbound carriageway over a length of 595 metres from a point 260 metres south of the existing Blackwall Tunnel Southbound South Portal to a point 20 metres south of the existing gantry on the existing slip road leading to Millennium Way, to include—

(a) the improvement of the existing A102 Blackwall Tunnel southern approach southbound two-lane carriageway;

(b) the construction of retaining walls of varying heights in highway verges to retain the A102 Blackwall Tunnel southern approach southbound carriageway;

(c) the construction of a new overbridge to carry the realigned A102 Blackwall Tunnel southern approach southbound two-lane carriageway over the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d) the widening of the existing A102 Blackwall Tunnel southern approach southbound carriageway to create new two lanes and a weaving section between the Silvertown Tunnel southern approach southbound carriageway (Work No. 6) and the existing diverge slip road leading to Millennium Way (Work No. 7);

(e) the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways;

(f) the construction of new cross-over facilities in the central reservation;

(g) the construction of new overhead signage and traffic management equipment gantries;

(h) the construction of new access and egress for premises known as Studio 338, as shown on sheet 1 of the rights of way and access plans;

(i) the provision of an improved non-motorised user route alongside the improved A102 Blackwall Tunnel southern approach southbound carriageway;

(j) the provision of planting and landscaping;

(k) the removal of an existing gas pressure reduction station; and

(l) the removal of redundant existing gantries.

Work No. 3 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway over a length of 500 metres from a point level with the existing gantry on the existing southbound diverge slip road leading to Millennium Way to its tie-in with the existing carriageway at a point 65 metres north of the existing Blackwall Tunnel Gatehouse, to include—

(a) the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway;

(b) the widening of the existing A102 Blackwall Tunnel southern approach northbound carriageway to accommodate a new two-lane diverge slip road to the northbound carriageway of the proposed Silvertown Tunnel southern approach northbound (Work No. 5);

(c) works associated with the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways (Work No. 2(e));

(d) works associated with the construction of new cross-over facilities in the central reservation (Work No. 2(f));

(e) works associated with the construction of new overhead signage and traffic management equipment gantries (Work No. 2(g));

(f) the provision of planting and landscaping; and

(g) the removal of redundant existing gantries.

Work No. 4 – shown on sheet 1 of the works plans and being the works required for the improvement of the existing Tunnel Avenue from a point 65 metres south of a point level with the junction of the existing Tunnel Avenue with Morden Wharf Road, to a point adjacent to the location of the existing Blackwall Tunnel Gatehouse, to include—

(a) works to improve the alignment of the existing Tunnel Avenue to provide a segregated and independent local two-way carriageway over a length of 485 metres;

(b) the construction of new (replacement) private means of access to local business premises as shown on sheet 1 of the rights of way and access plans, and replacement car parking;

(c) the construction of an improved bus-only access to, and operational egress from, the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(d) the construction of a new hardened verge between the improved Tunnel Avenue and the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(e) the construction of new overhead signage and traffic management equipment gantries;

(f) the removal of redundant existing gantries; and

(g) the provision of improved non-motorised user route alongside the improved Tunnel Avenue.

Work No. 5 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 150 metres, forming the proposed Silvertown Tunnel southern approach northbound carriageway from the proposed diverge nosing (from Work No. 3) to the proposed South Portal of the Silvertown Tunnel (Greenwich), to include—

(a) the construction of a two-lane open-cut carriageway, with a retaining wall of varied height in the western verge, passing under the new overbridge carrying the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2);

(b) the construction of a ground slab beneath the carriageway; and

Work No. 6 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 160 metres, forming the proposed Silvertown Tunnel southern approach southbound carriageway from the proposed South Portal of the Silvertown Tunnel (Greenwich) to the proposed merge nosing with the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2), to include—

(a) the construction of a two-lane open-cut carriageway with a retaining wall of varied height in the eastern verge and maintenance access;

(b) the construction of a ground slab beneath the carriageway; and

Work No. 7 – shown on sheet 1 of the works plans and being the improvement of 45 metres of the A102 Blackwall Tunnel southern approach southbound carriageway two-lane diverge slip road leading to the existing Millennium Way, to include works to tie in the improved highway with the existing highway.

Work No. 8 – shown on sheet 1 of the works plans and being the construction of a new cross-over between the northbound and southbound carriageways of the improved A102 Blackwall Tunnel southern approach (Work Nos. 2 and 3).

Work No. 9 – shown on sheet 1 of the works plans and being the construction of a new bus-only carriageway, with a combined length of 185 metres, linking the existing A102 Blackwall Tunnel southern approach southbound carriageway with the existing northbound carriageway of Millennium Way and linking to the new bus-only carriageway (Work No. 10), including—

(a) the construction of diverge bus-only access carriageway from the existing A102 Blackwall Tunnel southern approach southbound carriageway (to the north of Work No. 2);

(b) the construction of a new bus-only carriageway with a length of 35 metres providing a direct link between the new bus-only diverge from the southbound A102 Blackwall Tunnel southern approach carriageway (Work No. 9(a)) and the new bus-only merge to the northbound Silvertown Tunnel southern approach (Work No. 10); and

Work No. 10 – shown on sheet 1 of the works plans and being the improvement of the existing Pavilion Lane to provide a new bus-only carriageway, over a length of 215 metres linking the existing northbound carriageway of Millennium Way with the northbound carriageway of the proposed Silvertown Tunnel southern approach (Work No. 5), to include—

(a) the construction of a new bus-only junction to provide access from the existing northbound carriageway of Millennium Way;

(b) the construction of a new carriageway and a retaining wall of varied height in the eastern verge with maintenance access;

(c) the construction of a new bus-only junction to provide access to the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d) the construction of a ground slab beneath the carriageway;

(e) the construction of a drainage attenuation tank and associated infrastructure; and

(f) the construction of a replacement private means of access to an existing electricity substation, from the northbound carriageway of the existing Millennium Way, as shown on sheet 1 of the rights of way and access plans.

Work No. 11 – shown on sheet 1 of the works plans and being the construction of a new Boord Street foot and cycle bridge to provide access for non-motorised users across the A102 Blackwall Tunnel southern approach and Tunnel Avenue in the vicinity of the western end of Boord Street, to include—

(a) works to remove the existing Boord Street footbridge;

(b) the construction of a new bridge deck and parapets spanning over the improved A102 Blackwall Tunnel southern approach southbound and northbound carriageways (Work Nos. 2 and 3) and Tunnel Avenue (Work No. 4);

(d) the construction of a non-motorised user route across the proposed new Boord Street foot and cycle bridge as shown on sheet 1 of the rights of way and access plans.

Work No. 12 – shown on sheet 1 of the works plans and being the works associated with the construction of a Silvertown Tunnel services compound in the vicinity of the South Portal (Greenwich), to include—

(a) the construction of tunnel services buildings;

(b) the construction of a new private means of access to the tunnel services compound from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(d) the construction of replacement private means of access to land surrounding the existing gasholder, from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(e) the provision of security fencing and bollards; and

(f) the provision of landscaping.

Work No. 13 – shown on sheet 1 of the works plans and being the construction of a replacement gas pressure reduction station (PRS) (removed under Work No. 2) at a location to the west of the existing northbound carriageway of Millennium Way, including a new private means of access as shown on sheet 1 of the rights of way and access plans.

Work No. 14 – shown on sheet 1 of the works plans and being the permanent diversion of statutory undertakers’ apparatus and works associated with such diversions, located in Boord Street and Millennium Way.

Work No. 15 – shown on sheet 3 of the works plans and being the construction of the new Silvertown Tunnel northern approach, to include—

(a) the improvement of a length of 140 metres of the existing northbound and southbound two-lane standard carriageways of the A1020 Lower Lea Crossing from the point at which it crosses the DLR to its junction with the improved Tidal Basin Roundabout (Work No. 16);

(b) the construction of a two-lane carriageway over a length of 70 metres forming the new southbound carriageway of the Silvertown Tunnel northern approach, crossing through the improved Tidal Basin Roundabout (Work No. 16);

(c) the construction of a new open-cut highway over a length of 220 metres with two-lane carriageways in each direction from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the proposed North Portal of the Silvertown Tunnel (Silvertown) (Work No. 1) and with retaining walls of varied height in both verges;

(d) the construction of an anti-recirculation wall at the North portal;

(e) the construction of a ground slab beneath the carriageway;

(f) the construction of a new central reservation between the northbound and southbound carriageways of the new Silvertown Tunnel northern approach, including a new cross-over facility;

(g) the construction of a new overhead signage and traffic management equipment gantry;

(h) the construction of an improved non-motorised user route along the improved A1020 Lower Lea Crossing with crossing points;

(i) the construction of a new slip road from the southbound carriageway of the improved A1020 Lower Lea Crossing linking to the improved Tidal Basin Roundabout (Work No. 16);

(j) the construction of a new slip road between the existing A1020 Silvertown Way northbound off-slip and the new Silvertown Tunnel northern approach southbound carriageway; and

(k) the construction of drainage attenuation tanks and associated infrastructure behind the retaining walls of the open cut section of the new Silvertown Tunnel northern approach.

Work No. 16 – shown on sheet 3 of the works plans and being the improvement of the existing Tidal Basin Roundabout for a length of 415 metres, to include—

(a) the construction of an improved, signalised three-lane roundabout gyratory section;

(b) the construction of an improved private means of access to the DLR assets, as shown on sheet 3 of the rights of way and access plans;

(c) the construction of an improved private means of access to existing statutory undertakers’ apparatus, as shown on sheet 3 of the rights of way and access plans;

(d) the construction of an improved and signal-controlled non-motorised user route around and across the improved Tidal Basin Roundabout; and

(e) the construction of a drainage attenuation tank and associated infrastructure within the improved Tidal Basin Roundabout.

Work No. 17 – shown on sheet 3 of the works plans and being the works associated with the construction of a Silvertown tunnel services compound in the vicinity of the North Portal (Silvertown), to include—

(a) the construction of tunnel services buildings;

(b) the construction of a new private means of access to the tunnel services compound from the realigned Dock Road (Work No. 18) as shown on sheet 3 of the rights of way and access plans;

(d) the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No, 15);

(e) the provision of security fencing and bollards; and

(f) the provision of landscaping.

Work No. 18 – shown on sheet 3 of the works plans and being the construction of Dock Road on a new alignment, for a length of 430 metres, to include—

(a) the construction of a new two-lane highway with a single carriageway in each direction, from a point adjacent to the existing stairs from Dock Road to Silvertown Way, to a junction with the improved Tidal Basin Roundabout (Work No. 16), and including a length of new highway leading to the new private means of access to the tunnel services compound (Work No. 17(b));

(b) the construction of new non-motorised user routes including pedestrian and cyclist crossings;

(c) the construction of replacement private means of accesses to local business premises, as shown on sheet 3 of the rights of way and access plans;

(d) the construction of a new junction with Scarab Close as shown on sheet 3 of the rights of way and access plans including a new retaining wall of varying height to support the existing DLR embankment; and

(e) the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No. 15) including a new drainage outfall connecting to the existing drainage culvert passing beneath the existing DLR embankment.

Work No. 19 – shown on sheet 3 of the works plans and being the improvement to the existing Tidal Basin Road for a length of 280 metres, to include resurfacing works to the existing Tidal Basin Road from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the existing junction with the A1011/A1020 Silvertown Way southbound carriageway.

Work No. 20A – shown on sheet 3 of the works plans and being the construction (and subsequent removal on completion of construction of the authorised development) of a temporary jetty for the transportation of materials associated with the construction of the authorised development, adjacent to the existing Royal Victoria Dock outfall on the north bank of the river Thames in the area known as Thames Wharf, comprising—

(a) the jetty; and

(b) related dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames,

and associated works required for strengthening of the existing river wall; all such works and operations to be within the area delineated in relation to Work No. 20A and shown on sheet 3 of the works plans.

Works No. 20B – shown on sheet 3 of the works plans and comprising—

(a) dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames;

(b) the placing of any mooring buoy, or any buoy for navigation or other purposes;

(d) the alteration, cleaning, modification and refurbishment of the existing NAABSA (Not Always Afloat But Safely Aground) berth to enable it to be used in connection with the construction of the authorised development,

all such works and operations to be within the area delineated in relation to Work No. 20B and shown on sheet 3 of the works plans.

And for the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development consisting of—

(a) works within highways, including—

(i) alteration of the layout of any street permanently or temporarily, including increasing the width of the carriageway of any street by reducing the width of any kerb, footway, cycleway, or verge within the street; and altering the level or increasing the width of any such kerb, footway, cycleway or verge within the street, works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

(ii) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street;

(iii) relocation or provision of new road traffic signs, signals, street lighting and carriageway lane markings; and

(iv) works to place, alter, remove or maintain street furniture or apparatus (including statutory undertakers’ apparatus) in, under or above a street, including mains, sewers, drains, pipes, cables, cofferdams, lights, fencing and other boundary treatments;

(b) works within the river Thames (to the extent that they are situated within the Order limits) to—

(i) alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls);

(ii) carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations;

(iii) carry out dredging, which may include such dredging works as may be required to provide side slopes or otherwise secure the dredged area against situation, scouring or collapse;

(iv) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995⁹⁵) obtained in carrying out any such operations;

(v) remove or relocate any mooring (including NAABSAs (Not Always Afloat But Safely Aground) being berths in tidal waters, which are exposed at low water);

(vi) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not);

(vii) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river, and in the event that the level of any part of the bed of the river is of a depth exceeding 5.80 metres below chart datum, re-establish the affected part of the bed of the river to that level in accordance with approval given by the PLA under paragraph 34 of Schedule 13 (protective provisions); and

(viii) construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and

(i) for the strengthening, alteration or demolition of any building;

(ii) to place, alter, divert, relocate, protect, remove or maintain services, plant and other apparatus and equipment belonging to statutory undertakers, utility companies and others in, under or above land, including mains, sewers, drains, pipes, cables, lights, cofferdams, fencing and other boundary treatments including bollards;

(iii) ramps, steps, footpaths, footways, cycle tracks, cycleways, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic and crossing facilities;

(iv) embankments, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, drainage works, outfalls, pollution control devices, pumping stations, culverts, wing walls, fire suppression system water tanks and associated plant and equipment, highway lighting and fencing;

(v) settlement mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

(vi) to alter the course of, or otherwise interfere with, navigable or non-navigable watercourses;

(vii) landscaping, noise barriers, works associated with the provision of ecological mitigation, and other works to mitigate any adverse effects of the construction, operation or maintenance of the authorised development;

(viii) areas of hard or soft landscaping works, or public realm, at various locations adjacent to the proposed highway and associated works;

(ix) site preparation works, site clearance (including fencing and other boundary treatments, vegetation removal, works of demolition, including demolition of existing structures, and the creation of alternative highways or footpaths) and earthworks (including soil stripping and storage and site levelling);

(x) construction compounds and working sites, temporary structures, storage areas (including storage of spoil and other materials), temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, office facilities, other ancillary accommodation, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

(xi) service compounds, plant and equipment rooms, offices, staff mess rooms, welfare facilities, and other ancillary and administrative accommodation;

(xii) for the benefit or protection of the authorised development; and

(xiii) of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Part of this Schedule—

“the biodiversity action plan and mitigation strategy” means the biodiversity action plan and mitigation strategy contained in appendix 9.H of the environmental statement;

“the bus strategy” means the document of that description set out in Schedule 14 (documents to be certified) certified by the Secretary of State as the bus strategy for the purposes of this Order;

“the code of construction practice” means the document of that description set out in Schedule 14 certified by the Secretary of State as the code of construction practice for the purposes of this Order and which sets a framework to control impacts arising from construction of the authorised development;

“the design principles” means the document of that description set out in Schedule 14 certified by the Secretary of State as the design principles for the purposes of this Order and which set out the principles for the detailed design of the authorised development;

“the flood risk assessment” means the revised flood risk assessment contained in substituted appendix 16.A of the environmental statement;

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

“the Silvertown Tunnel Design Review Panel” means the panel set up and administered by Urban Design London to provide design assurance throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles; and

“the Silvertown Tunnel Stakeholder Design Consultation Group” means the group set up and administered by TfL to provide stakeholders with an opportunity to comment on the external appearance of the above ground elements of the authorised development throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles.

Time limit for commencement of the authorised development

2

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

Design principles and design review panel

3

(1) The authorised development must be designed and implemented—

(a) in accordance with the design principles; and

(b) in general accordance with the general arrangement plans.

(2) TfL must consult with—

(a) the Silvertown Tunnel Design Review Panel; and

(b) the Silvertown Tunnel Stakeholder Design Consultation Group,

during the detailed design of the authorised development and in the manner provided for by the design principles and have regard to the responses received.

Detailed design of above ground buildings and structures

4

(1) Construction of each part of the authorised development specified in column (1) of the table below must not commence until the details of the elements specified in relation to that part in column (2) of that table have been submitted to and approved in writing by the relevant planning authority.

(1)Part of the authorised development	(2)Elements to be approved
Work No. 1(d)	External appearance
Work No. 5(a)	External appearance of the retaining wall
Work No. 6(a)	External appearance of the retaining wall
Work No. 10(b)	External appearance of the retaining wall
Work No. 11(b)	Siting, design and external appearance
Work No. 11(c)	Siting, design and external appearance
Work No. 12(a)	Siting, design and external appearance
Work No. 12(c)	Siting, design and external appearance of the operational parking facilities
Work No. 12(e)	Siting, design and external appearance
Work No. 13	Siting, design and external appearance
Work No. 15(c)	External appearance of the retaining walls
Work No. 15(d)	External appearance
Work No. 17(a)	Siting, design and external appearance
Work No. 17(c)	Siting, design and external appearance of the operational parking facilities
Work No. 17(e)	Siting, design and external appearance
Work No.18(d)	External appearance of the retaining wall
Any above ground permanent work constructed as ancillary or related development under paragraph(c)(i) – (xii) of Schedule 1 which constitutes a viaduct, bridge, retaining wall or wing wall, or under paragraph (c)(xiii) of Schedule 1 which constitutes a permanent above ground building or structure, and ordinarily would not benefit from planning permission granted under article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 , unless otherwise agreed in writing between the relevant planning authority and TfL.	External appearance

(2) The authorised development must be carried out in accordance with details approved by the relevant planning authority under sub-paragraph (1).

5

(1) The authorised development must be carried out in accordance with the code of construction practice.

(2) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development—

(a) Construction Site River Strategy: to be prepared in consultation with the relevant planning authority and the PLA;

(b) Emergency Plan: to be prepared in consultation with the local emergency services and the relevant planning authority;

(d) Lighting Management Plan: to be prepared in consultation with the relevant planning authority, the PLA and the Environment Agency; and

(e) Site Waste Management Plan: to be prepared in consultation with the relevant planning authority and the Environment Agency.

(3) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development and approved by the relevant planning authority, the Environment Agency or the PLA (as the case may be)—

(a) Air Quality Management Plan: to be approved by the relevant planning authority ...;

(b) Archaeological Written Scheme of Investigation: to be prepared in consultation with Historic England and, in respect of any elements within the river Thames, the PLA and the MMO, and approved by the relevant planning authority;

(d) Construction Materials Management Plan incorporating commitments to river transport: to be approved by the relevant planning authority;

(e) Construction Traffic Management Plan: to be approved by the relevant planning authority, in consultation with the relevant highway authority;

(f) Ecology Management Plan: to be prepared in consultation with Natural England and approved by the relevant planning authority;

(g) Flood Warning and Evacuation Plan (which forms part of the Emergency Plan to be prepared under sub-paragraph (2)(b)): to be approved by the relevant planning authority, in consultation with the Environment Agency;

(h) Groundwater Monitoring and Verification Plan: to be approved by the Environment Agency;

(i) Noise and Vibration Management Plan: to be approved by the relevant planning authority;

(j) Passage Plan: to be approved by the PLA; and

(k) Construction Environmental Management Plan: to be approved by the relevant planning authority in consultation with the PLA

(4) The relevant highway authority for the purposes of sub-paragraph (3)(e) is each highway authority for the highways affected by the Construction Traffic Management Plan.

(5) The authorised development must be carried out in accordance with the plans and strategies prepared or approved under sub-paragraphs (2) and (3).

(6) TfL must make the plans and strategies prepared or approved under sub-paragraphs (2) and (3) available in an electronic form suitable for inspection by members of the public until the authorised development has been opened for public use.

Landscaping scheme

6

(1) No part of the authorised development may commence until a written landscaping scheme for that part has been submitted to and approved in writing by the relevant planning authority.

(2) A landscaping scheme prepared under sub-paragraph (1) must be in accordance with the landscaping plan and include details of hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting, including habitat creation in lieu of offsite biodiversity offsetting;

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

(c) the location and specification of routes for non-motorised users including provision of a bus stop to serve southbound buses in the re-aligned Tunnel Avenue;

(d) proposed finished ground levels;

(e) hard surfacing materials;

(f) details of existing trees to be retained, with measures for their protection during the construction period; and

(g) implementation timetables for all landscaping works.

(3) Each part of the authorised development must be carried out in accordance with the relevant landscaping schemes approved under sub-paragraph (1).

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

(5) Any tree or shrub planted as part of a landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Monitoring and mitigation strategy

7

(1) The provisions of this requirement must be carried out in accordance with the monitoring and mitigation strategy and TfL must otherwise comply with the obligations set out in that document.

(2) If the statutory powers vested in TfL in relation to highways and road traffic in Greater London are not sufficient to enable TfL to implement any mitigation measure which it is obliged to implement under this requirement, TfL must either—

(a) seek to agree with the council of the relevant London borough that TfL may implement that measure on behalf of the council; or

(b) if such an agreement cannot be reached, pay to that council a sum equivalent to—

(i) the estimated cost of the council implementing that measure, which the council must use for that purpose; or

(ii) the costs reasonably incurred by the council in implementing an alternative measure in the same location which the council determines will mitigate the adverse impact attributable to the authorised development,

whichever is less.

(3) In this paragraph, “relevant air quality authority” means the council of a London Borough for an area in relation to which the expert review carried out under sub-paragraph (14) concludes that the authorised development has materially worsened air quality.

Pre-opening traffic measures4Before the Silvertown Tunnel opens for public use TfL must carry out an updated assessment of the likely impacts of the authorised development on the performance of the highway network and must consult the members of STIG on a proposed scheme of mitigation which identifies—athe locations on the highway network where the assessment demonstrates there is likely to be a material worsening of traffic conditions as a result of the operation of the authorised development;bthe measures which TfL proposes to mitigate the impacts of such a worsening of traffic conditions; andcthe proposed programme for implementation of those measures.5TfL must have regard to any consultation responses received from STIG members and before finalising the scheme of mitigation must liaise further with the council of any London Borough on the detail of mitigation measures which it proposes to implement on roads in that Borough. TfL must then submit the scheme of mitigation to the Secretary of State for approval.6The scheme of mitigation submitted to the Secretary of State for approval must include—adetails and locations of the proposed mitigation measures;bresponses to the consultation and further liaison carried out under sub-paragraphs (4) and (5);cthe estimated cost of implementing each measure; anddthe proposed programme for the implementation of those measures.7The Silvertown Tunnel must not open for public use until the scheme of mitigation has been approved by the Secretary of State. If the Secretary of State proposes to approve the scheme of mitigation with material modifications, the Secretary of State must consult the members of STIG on the proposed modifications and have regard to any responses received when deciding whether to approve the scheme.8TfL must implement or secure the implementation of the measures approved by the Secretary of State in accordance with the approved programme.9The Secretary of State may, with the consent of the Mayor of London, delegate their functions under this paragraph to the Mayor of London.

Post-opening monitoring and mitigation10For the duration of the monitoring period, TfL must—aimplement a monitoring programme in consultation with the members of STIG;bprepare—iquarterly monitoring reports for a period of one year from the Silvertown Tunnel opening for public use; andiiannual monitoring reports thereafter,derived from that monitoring, and submit them for consideration by the members of STIG;cidentify in consultation with the members of STIG appropriate thresholds for changes on the highway network which require TfL to investigate whether mitigation measures are necessary;ddevelop in consultation with the relevant highway authority any measures which are necessary to mitigate adverse impacts on the highway network which are attributable to the operation of the authorised development; andeimplement or secure the implementation of the necessary mitigation measures.11In sub-paragraph (10) “the monitoring period” means a period commencing not less than three years before the Silvertown Tunnel is expected to open for public use and continuing for not less than three years after the Silvertown Tunnel opens for public use.

Air quality monitoring and mitigation12Not less than three years before the Silvertown Tunnel is expected to open for public use TfL must install Nitrogen Dioxide (“NO2”) monitors at locations determined in accordance with paragraph 3.7.4 of the monitoring and mitigation strategy.13The NO2 monitors must remain in place for the period specified in paragraph 3.7.5 of the monitoring and mitigation strategy.14The monitoring data within each annual monitoring report referred to in sub-paragraph (10) must be reviewed as soon as reasonably practicable by a firm of independent air quality experts appointed by TfL in consultation with the members of STIG. The annual review undertaken by the firm of experts must determine in accordance with the criteria set out in the monitoring and mitigation strategy whether or not there has been a material worsening of air quality as a result of the authorised development beyond the likely impacts reported within the environmental statement at locations where there are (whether as a result of the authorised development of otherwise) exceedances of national air quality objectives.15If the review demonstrates in the opinion of the appointed firm of experts that the authorised development has materially worsened air quality in the manner described in sub-paragraph (14), TfL must—awithin three months of the conclusion of the expert review consult any relevant air quality authority on a preliminary scheme of mitigation including a programme for its implementation; andbfollowing that consultation submit a detailed scheme of mitigation to the Mayor of London for approval.16Before considering whether to approve the scheme of mitigation, the Mayor of London must consult any relevant air quality authority and take into consideration any responses received.17TfL must implement or secure the implementation of the scheme of mitigation approved by the Mayor of London in accordance with the programme contained in the approved scheme of mitigation.

Hoola building18No part of the authorised development is to be opened for public use until a scheme of mitigation (which may consist of or include ventilation) to reduce to acceptable levels any exposure to nitrogen dioxide which occurs as a result of the authorised development at the first floor residential accommodation at the Hoola building, has been submitted to and approved by the London Borough of Newham (“Hoola scheme of mitigation”).19TfL must implement the approved Hoola scheme of mitigation.

Surface water drainage details

8

(1) No part of the authorised development which comprises any part of a surface water drainage system must commence until written details of that surface water drainage system have been submitted to and approved by the relevant planning authority.

(2) The surface water drainage system for the relevant part of the authorised development must be constructed in accordance with the details approved under sub-paragraph (1).

External lighting details

9

(1) No part of the authorised development is to be opened for public use until written details of any external lighting to be installed in connection with the operation of any building or other structure forming part of the authorised development have been submitted to and approved by the relevant planning authority.

(2) Each part of the authorised development must be carried out in accordance with the relevant details of the external lighting approved under sub-paragraph (1).

Signage strategy

10

(1) No part of the authorised development is to be opened for public use until a strategy for any highway signage to be installed on that part has been submitted to and approved by the relevant highway authority.

(2) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the highway signage is to be installed.

(3) Each part of the authorised development must be carried out in accordance with the relevant strategy approved under sub-paragraph (1).

Flood risk assessment

11

The authorised development must be carried out in accordance with the flood risk assessment.

Operational noise mitigation measures

12

(1) No part of the authorised development may open for public use until a written scheme of proposed noise mitigation measures in respect of the use and operation of that part has been submitted to and approved in writing by the relevant planning authority following consultation with the relevant highway authority.

(2) The proposed measures submitted for approval under sub-paragraph (1) must provide—

(a) details of the noise barriers proposed;

(b) that any highway constructed or resurfaced as part of the authorised development will be surfaced with low noise surfacing to a TSCS standard or better, with the exception of the sections of highway within the Silvertown Tunnel and on the Silvertown Tunnel approaches where retaining walls of 1.8 metres or higher are located on either side of the carriageway, together with any other sections of highway which are recommended by a road safety audit to have an alternative surface; and

(3) The approved noise mitigation measures must be implemented prior to the opening of the relevant part of the authorised development for public use and must be retained and maintained in accordance with the approved scheme.

(4) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the noise mitigation is to be installed.

(5) The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, TfL must provide evidence with the written details submitted that with the mitigation proposed, the authorised development would not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement taking into account the mitigation identified in it.

(6) In this paragraph “TSCS” means thin surface course systems as defined by clause 942 of the Manual of Contract Documents for Highway Works, Volume 1 Specification for Highway Works.

Siebert Road and Westcombe Hill area noise barriers

13

Prior to the opening of the authorised development for public use, TfL must install noise barriers to protect properties in the Siebert Road, Invicta Road/Westcombe Hill area from the effects of traffic noise from the A102. Details of these barriers must be submitted to and approved by the relevant planning authority after consultation with local residents, before installation is commenced. The installation must be undertaken in the form approved.

Cross-river bus services

14

(1) TfL must secure a cross-river bus service provision using the tunnels which delivers the same or greater levels of public transport benefits (as quantified in the pre-Scheme Refreshed Case modelling) as those identified in the Assessed Case, as set out in the environmental statement, without any reduction in any other user benefits generated by the scheme and in any event the provision of not less than 20 buses per hour during peak periods in each direction through the tunnels for the duration of the monitoring period and thereafter must keep under review and secure the provision of bus services through the tunnels in accordance with the bus strategy and the objectives set out in that document.

(2) TfL must provide funding for concessionary bus travel to residents of the London Boroughs of Newham and Tower Hamlets and the Royal Borough of Greenwich in accordance with the bus strategy after the Silvertown Tunnel opens for public use.

(3) TfL must ensure that any bus ordinarily using the Silvertown Tunnel as part of a London local service must comply with the Euro VI emissions limits or with equivalent emissions standards.

(4) In this paragraph—

“the Assessed Case” has the meaning given to that expression in the bus strategy;

“bus” means a public service vehicle designed and constructed for the carriage of both seated and standing passengers;

“Euro VI emissions limits” means the emissions limits for heavy duty vehicles set out in Annex I to Regulation (EC) No 595/2009 of the European Parliament and of the Council (as amended by Annex XV of Commission Regulation (EU) No 582/2011);

“London local service” means a London local service which TfL has determined as being required under section 181 of the 1999 Act; ...

“the monitoring period” means a period of not less than three years commencing on the date the Silvertown Tunnel opens for public use, which may be extended by TfL for up to two years if this is deemed necessary following consultation with the members of STIG in accordance with section 3.4 of the monitoring and mitigation strategy; and

“the Refreshed Assessment” means the updated assessment of the impacts of the authorised development carried out by TfL in accordance with section 1.5 of the bus strategy

Cross-river cycle/pedestrian facilities

15

(1) TfL must secure the provision of enhanced river crossing facilities for cyclists and pedestrians between the Greenwich Peninsula and Canary Wharf and Silvertown for at least the duration of the monitoring period, whether by bus shuttles, ferry services and/or modified charging policy on the Air Line service.

(2) Details of such provisions must be submitted to and approved by the relevant ... planning authorities prior to the opening of the authorised development for public use, and such scheme or schemes as may be approved must be retained for no less than the monitoring period unless agreed otherwise by the relevant ... planning authorities.

(3) In this paragraph “the monitoring period” has the same meaning as in paragraph 14(4) (cross-river bus services).

Biodiversity action plan and mitigation strategy

16

The authorised development must be carried out in accordance with the biodiversity action plan and mitigation strategy.

Contaminated land

17

(1) No part of the authorised development may commence until a site investigation and risk assessment has been carried out to assess the nature and extent of contamination within any land on which intrusive groundworks in connection with that part of the authorised development are to be carried out.

(2) The site investigation and risk assessment carried out under sub-paragraph (1) must be—

(a) based on the preliminary risk assessment of contaminant sources, pathways and receptors contained in the environmental statement;

(b) carried out in accordance with the Department for Environment, Food and Rural Affairs' and the Environment Agency's “Model Procedures for the Management of Land Contamination” Contaminated Land Report 11 document, and must include—

(i) a survey of the nature, extent and scale of contamination within the relevant area;

(ii) an assessment of the potential risks to human health, property and other relevant receptors; and

(iii) an appraisal of remediation options and proposal of the preferred option where the site investigation and risk assessment indicates that remediation is required as a result of the proposed intrusive groundworks in order for the relevant area of land not to meet the definition of “contaminated land” under Part 2A (contaminated land) of the Environmental Protection Act 1990 ; and

(3) Where the site investigation and risk assessment carried out under sub-paragraph (1) contains an appraisal of remediation options and proposal of the preferred option as required by sub-paragraph (2)(b)(iii), a remediation strategy must be submitted to and approved in writing by the relevant planning authority which must include—

(a) remediation measures required as a result of the proposed intrusive groundworks to ensure that the site will not meet the definition of “contaminated land” under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land following remediation; and

(b) a verification plan, providing details of the data to be collected in order to demonstrate that the works set out in the remediation scheme submitted for approval under this sub-paragraph are complete.

(4) The remediation strategy approved under sub-paragraph (3) must be implemented as part of the authorised development.

(5) Following the implementation of the remediation strategy approved under sub-paragraph (3), a verification report, based on the data collected as part of the remediation strategy and demonstrating the completion of the remediation measures must be produced and supplied to the relevant planning authority.

(6) Where the verification report produced under sub-paragraph (5) does not demonstrate the completion of the remediation measures, a statement as to how any outstanding remediation measures will be addressed must be supplied to the relevant planning authority at the same time as the verification report.

(7) The outstanding remediation measures must be completed to the reasonable satisfaction of the relevant planning authority by the date agreed with that authority.

Hazardous substances – East Greenwich Gasholder site

18

The Silvertown Tunnel must not open for public use and the tunnel services buildings at the South Portal comprised in Work No. 12 must not be occupied after their practical completion until the hazardous substances consent for the East Greenwich Gasholder Station site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990 , and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised TfL in writing that it does not advise against the authorised development.

Hazardous substances – Brenntag Chemicals site

19

The Silvertown Tunnel must not open for public use until the hazardous substances consent for the Brenntag Inorganic Chemicals Ltd site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990, and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised TfL in writing that it does not advise against the authorised development.

Re-use of excavated material on-site

20

(1) The works to implement the authorised development must be undertaken in a manner that will maximise the potential for re-use of suitable excavated material.

(2) Prior to the commencement of any part of the authorised development, for that part of the authorised development details of the storage of suitable excavated material and of its subsequent re-use within or adjoining the Order limits must be submitted to and approved by the relevant planning authority.

(3) Each part of the authorised development must be carried out in accordance with the details of the storage and re-use of excavated material approved under sub-paragraph (2).

(4) In this paragraph “suitable excavated material” means material which is suitable for re-use in accordance with Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and CL:AIRE The Definition of Waste: Development Industry Code of Practice (version 2, March 2011).

Local business transitional support

21

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