The Silvertown Tunnel Order 2018

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

• (6) In this paragraph “environmental document” means—

• (a) the environmental statement; and

• (b) any other document containing environmental information provided by TfL to the PLA for the purposes of any approval under paragraph 34.

Abandoned or decayed works

44

• (1) If a specified work is abandoned or falls into decay, the PLA may by notice in writing require TfL to take such reasonable steps as may be specified in the notice either to repair or restore the specified work, or any part of it, or to remove the specified work and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work.

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

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

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

• (3) If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from TfL.

Facilities for navigation

45

• (1) TfL must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work or the exercise of any specified function.

• (2) TfL must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at TfL's cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work.

Survey of riverbed

46

• (1) The PLA may, at TfL's expense (such expense to be that which is reasonably incurred), carry out a survey (or externally procure the carrying out of a survey) for the purpose of establishing the condition of the river Thames—

• (a) before the commencement of construction of the first specified work below mean high water level to be constructed following approval under paragraph 34;

• (b) before the commencement of construction of any other specified work, or the carrying out of any other specified function, approved under paragraph 34;

• (c) during the construction of any specified work, or the carrying out of any specified function, as is reasonably required; and

• (d) after completion of, respectively—

• (i) any specified work and the exercise of all related specified functions; and

• (ii) all the specified works constructed and specified functions carried out under this Order in relation to such construction,

of such parts of the river Thames as might be affected by sedimentation, scouring, currents or wave action that might result from the construction of the relevant specified work, or the carrying out of a specified function as would, if it were to be constructed or carried out, constitute specified works, or give rise to operations, below mean high water level.

• (2) The PLA must make available to TfL the results of any survey carried out under this paragraph.

• (3) The PLA must not under this paragraph carry out a survey of any part of the river Thames in respect of which TfL has provided to the PLA survey material which the PLA is satisfied establishes the condition of the river Thames, and in the case of a survey under sub-paragraph (1)(c), the effect of the specified works and the specified functions.

• (4) A survey carried out under this paragraph is the property of the PLA.

Statutory functions

47

Subject to article 3 (disapplication of legislation, etc.) the exercise in, under or over the river Thames by TfL of any of its functions under this Order is subject to—

• (a) any enactment relating to the PLA;

• (b) any byelaw, direction or other requirement made by the PLA or the Harbour Master under any enactment; and

• (c) any other exercise by the PLA or the Harbour Master of any function conferred by or under any enactment.

Indemnity

48

• (1) TfL is responsible for and must make good to the PLA all financial costs, charges, damages losses or expenses which may be incurred reasonably or suffered by the PLA by reason of—

• (a) the construction or operation of a specified work or its failure;

• (b) the exercise of any specified function; or

• (c) any act or omission of TfL, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or exercise of a specified function dealing with any failure of a specified work,

and TfL must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or specified functions or any such failure, act or omission.

• (2) The fact that any act or thing may have been done—

• (a) by the PLA on behalf of TfL; or

• (b) by TfL, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative,

does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse TfL from liability under the provisions of this paragraph.

• (3) The PLA must give TfL reasonable notice of any such claim or demand as is referred to in sub-paragraph (1) and no settlement or compromise of it is to be made without the prior consent of TfL.

Compensation for temporary works

49

• (1) Regardless of article 3 (disapplication of legislation, etc.), compensation in respect of—

• (a) any specified work constructed on land specified in Schedule 7 (land of which only temporary possession may be taken) and belonging to the PLA;

• (b) any specified function exercised on that land;

• (c) the rights conferred in connection with construction of such a specified work; and

• (d) the carrying out of such a specified function,

is payable to the PLA as if TfL has been required—

• (i) to obtain a licence for the work or the exercise of the function under section 66 (licensing of works) of the 1968 Act; and

• (ii) to pay consideration for the licence determined in accordance with the provisions of section 67 (consideration for licence) of that Act.

• (2) For the avoidance of doubt, in determining the amount of compensation payable under this paragraph, no account is to be taken of the value of any other specified work whose construction is facilitated by the construction and use of any specified work mentioned in sub-paragraph (1).

• (3) This paragraph has effect in addition to the obligation to pay compensation in articles 29(8) (temporary use of land for carrying out the authorised development) and 30(9) (temporary use of land for maintaining the authorised development).

Apparatus in the Silvertown Tunnel area

50

• (1) Whenever TfL receives an application from any person who is considering placing or doing anything that might require TfL's consent under article 47 (no apparatus in Silvertown Tunnel area without consent), TfL will inform the person concerned of the possible need to obtain the PLA's licence under section 66 (licensing of works) of the 1968 Act in relation to that matter and will recommend that the person contacts the PLA in order to discuss the matter with the PLA.

• (2) Within 5 business days of giving a consent under article 47(1), TfL must notify the PLA in writing that consent has been given and in doing so must provide the PLA with the name and address of the person to whom the consent has been given and details of the apparatus or work to which the consent relates.

Disposals, etc.

51

TfL must within 7 days after the completion of any sale, agreement or other transaction under article 59 (transfer of benefit of Order, etc.) in relation to which any powers, rights and obligations of TfL are transferred to another party, notify the PLA in writing, and the notice must include particulars of the other party to the transaction under article 59, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.

Disputes

52

Any dispute arising between TfL and the PLA under this Part of this Schedule is to be determined by arbitration as provided in article 68 (arbitration).

PART 5 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

53

The following provisions apply for the protection of the Environment Agency unless otherwise agreed in writing between TfL and the Agency, in relation to construction of the authorised development and, within any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.

Definitions

54

In this Part of this Schedule—

• “the Agency” means the Environment Agency;

• “asset control limits” means the predefined values, based on assessment, relating to safety and serviceability considerations that instigate a review of risk to the flood defences with respect of movement impacts;

• “authorised work” means any work forming part of the authorised development, and “the authorised works” means all such works;

• “baseline monitoring” means any surveys carried out to determine and establish movements of the flood defences due to factors external to the authorised work including (but not limited to) seasonal variations or diurnal impacts due to tide or temperature;

• “construction” includes execution, placing, altering, replacing, relaying, removal and excavation, and “construct” and “constructed” are to be construed accordingly;

• “damage” includes (but is not limited to) scouring, erosion, loss of structural integrity and environmental damage to any drainage work or any flora or fauna dependent on the aquatic environment, and “damaged” is to be construed accordingly;

• “detailed designs” means any information submitted under paragraph 56(1);

• “drainage work” means any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring or flood storage capacity;

• “ecological enhancements” means the inclusion of any features integral to or adjacent to the foreshore structures and any new, modified, or replaced flood defences that can support wildlife (including, but not limited to, where practicable, the set back of flood defences to provide inter tidal habitat and the creation of shelters for juvenile fish);

• “environmental duties” means the Agency's duties in the Environment Act 1995 , the Natural Environment and Rural Communities Act 2006 and the Water Environment (Water Framework Directive)(England and Wales) Regulations 2017 ;

• “fishery” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food for such fish;

• “fit for purpose flood defence” means a flood defence that prevents tidal flood water from entering into land and which is of the statutory defence level;

• “the flood defences” means any bank, wall, embankment, bridge abutments, lock gates or other structure or any appliance (including any supporting anchorage system) that fulfils a function of preventing, or reducing the risk of, flooding to land or property which is—within the Order limits; orwithin the 1mm settlement contour for the final tunnel alignment;

• “flood storage capacity” means any land, which, taking account of the flood defences, is expected to provide flood storage capacity for any main river;

• “main river” means all watercourses shown as such on the statutory main river maps held by the Agency and the Department for Environment, Food and Rural Affairs, including any structure or appliance for controlling or regulating the flow of water into, in or out of the channel;

• “maintenance” has the same meaning as in article 2(1) (interpretation), save for the exclusion of the works of inspection;

• “specified day” means the business day on which detailed designs are received by the Agency under paragraph 56(1) and for the avoidance of doubt if any further information is requested by the Agency under paragraph 56(1)(i), the specified day is the business day on which the Agency receives this information from TfL;

• “specified work” means so much of any permanent or temporary work or operation forming part of the authorised work (other than works required in an emergency) as is in, on, under or over a main river or drainage works or within 16 metres of a drainage work or is otherwise likely to—affect any drainage works or the volumetric rate of flow of water in or flowing to or from any drainage works;affect the flow, purity or quality of water in any main river or other surface waters or ground water;cause obstruction to the free passage of fish or damage to any fishery;affect the conservation, distribution or use of water resources; oraffect the conservation value of the main river and habitats in its immediate vicinity;

• “the statutory defence level” means 5.18 metres above ordnance datum;

• “the structural integrity plans” means the plans and documents to be provided to the Agency under paragraph 55;

• “temporary flood defence measures” means any temporary measures constructed by TfL under this Part of this Schedule for the purpose of creating a fit for purpose flood defence; and

• “TE2100” means the standards associated with the strategy for managing flood risk across the Thames estuary, including recommendations for action in short, medium and long term time periods to take account of sea level rise and climate change, as adopted and updated from time to time by the Agency.

Structural integrity of flood defences

55

• (1) Prior to commencing the first authorised work likely to impact a flood defence and at least at the same time as submitting any submissions for approval in respect of the first specified work under paragraph 56, TfL must prepare at its own expense and provide to the Agency (for its approval where stated below), the following documents in the corresponding order (but nothing precludes TfL from submitting more than one document to the Agency at a time)—

• (a) a schedule of defects existing in the flood defences including, where reasonably practicable, a description of the magnitude of any defect;

• (b) a survey plan, for approval by the Agency, to include details of any further surveys and intrusive investigations of the flood defences proposed to be undertaken by TfL to inform the detailed design process, construction methodology and mitigation proposals;

• (c) an assessment report, to—

• (i) include details of the structural integrity of the flood defences in light of any proposed authorised works;

• (ii) include asset control limits of any sections of the flood defences;

• (iii) identify any sections of the flood defences requiring protective works by reason of the authorised works; and

• (iv) identify any section of the flood defences that are not a fit for purpose flood defence,

such report to be based on the findings of the additional surveys carried out by TfL under the survey plan under paragraph (b), the schedule of defects provided under paragraph (a) and any available historical information;

• (d) a mitigation design report (or reports), for approval by the Agency, to include details of the protective works identified by the assessment report provided under paragraph (c) that—

• (i) are necessary before; or

• (ii) may be required to be implemented as an action under the emergency preparedness plan provided under paragraph (f) during or after,

the construction of the authorised development and that such details will—

• (aa) be sensitive to the foreshore and hydraulic regime; and

• (bb) not prevent the relevant sections of the flood defences being raised to TE2100 levels in future and such standards being maintained;

• (e) an instrumentation and monitoring plan, for approval by the Agency, to include, in respect of the flood defences—

• (i) details of monitoring locations (which must be established having regard to the asset control limits);

• (ii) details of monitoring in respect of scour of any flood defence within the Order limits;

• (iii) the frequency of monitoring (which must, as a minimum, be until—

• (aa) the rate of settlement experienced by the flood defences directly attributable to the authorised development ceases or is less than or equal to 2 millimetres per annum; or

• (bb) the period of 2 years has expired following the completion of the authorised development (whichever is later); and

• (iv) the minimum amount of baseline monitoring; and

• (f) an emergency preparedness plan, for approval by the Agency, to include details as to what actions TfL will take, including the implementation of any mitigation identified in the mitigation design report (or reports) approved under paragraph (d), in respect of the asset control limits identified in the assessment report provided under paragraph (c), including timescales and the hierarchy of actions.

• (2) TfL must implement and act in accordance with the approved structural integrity plans.

• (3) Any protective work identified as being required by the structural integrity plans is to be treated as a specified work for the purposes of this Part of this Schedule.

• (4) Following completion of the authorised development, TfL must prepare at its own expense and provide to the Agency, a completion report, to include details of—

• (a) any modifications or mitigation measures to be implemented in respect of the flood defences;

• (b) illustrations in respect of the interactions between ground movement relating to the flood defences and construction activities;

• (c) actual ground movement in respect of the flood defences compared to predicted ground movement;

• (d) the results of a post-construction defects survey but only in relation to any differences identified when compared to the schedule of defects provided to the Agency under sub-paragraph (1)(a);

• (e) any remedial works undertaken by TfL to the flood defences; and

• (f) final as-built drawings and plans of the parts of the authorised development situated within 16 metres of a flood defence.

Specified works

56

• (1) Before commencing construction of a specified work (excluding any piling works which comprise a “licensable marine activity” as defined in the 2009 Act), TfL must submit to the Agency for its written approval—

• (a) plans, calculations, cross-sections, elevations, drawings, specifications and designs of the specified work together with the details of the positioning of any structure within the main river;

• (b) proposals for strengthening, modification, renewal or replacement of any drainage work required as a result of the anticipated impacts of the specified work;

• (c) any proposed mitigation measures to minimise the impact of the specified work on the foreshore, ecologically sensitive areas and the wider environment;

• (d) details of any ecological enhancements which are considered by TfL to be appropriate and reasonable to be incorporated into the specified work having regard to the nature of the specified work;

• (e) method statements in respect of the specified work to include both timing of and methods used, sequence of construction and the type, location and storage of all machinery, materials and fuel;

• (f) any proposals for reinstatement of the foreshore setting out timing of reinstatement works, measures to be used to minimise environmental impact of the works, materials to be used, methods of reinstatement and any proposed pollution protection measures;

• (g) information to demonstrate that the Agency will be afforded sufficient access to drainage works within the Order limits and the flood defences during the construction of the specified work to discharge its statutory functions;

• (h) details of any temporary flood defence measures which TfL wishes to construct to provide a fit for purpose flood defence during construction of the specified work; and

• (i) such further particulars as the Agency may within 20 business days of the receipt of the detailed designs reasonably require.

• (2) Any such specified work must not be constructed except in accordance with all detailed designs as may be approved in writing by the Agency under sub-paragraph (1) (having regard to any structural integrity plans approved under paragraph 55), or settled in accordance with paragraph 64 where applicable, and in accordance with any reasonable conditions or requirements specified under this paragraph.

Approvals

57

• (1) Any approval of the Agency required under paragraph 55(1) or 56(1)—

• (a) must not be unreasonably withheld;

• (b) in the case of a refusal, must be accompanied by a statement of the grounds of refusal;

• (c) may be given subject to such reasonable requirements or conditions as the Agency may make for the protection of any drainage work, flood defence, fishery, main river or water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties (but not including any requirement for TfL to improve any flood defence where temporary flood defence measures approved under paragraph 56 have been or are proposed to be constructed by TfL); and

• (d) is deemed to have been refused if it is neither given nor refused within 35 business days of the specified day unless otherwise agreed.

• (2) Without limitation on the scope of sub-paragraph (1) the requirements or conditions which the Agency may make under sub-paragraph (1) include conditions requiring TfL at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—

• (a) to safeguard any drainage work or flood defence against damage;

• (b) to secure that its efficiency or effectiveness for flood defence purposes is not impaired; or

• (c) to ensure the risk of flooding is not otherwise increased by reason of any specified work, maintenance work or protective work,

during the construction of or by reason of the works.

• (3) Any dispute in respect of any approval or refusal under this paragraph is subject to the dispute resolution procedure in paragraph 64.

Inspection and construction

58

• (1) All works must be constructed without unnecessary delay in accordance with the detailed designs approved or settled under this Part of this Schedule and to the reasonable satisfaction of the Agency.

• (2) Save where TfL constructs a specified work in accordance with any detailed designs approved by the Agency under paragraph 56, TfL must not damage or obstruct any drainage work during the construction of a specified work.

• (3) An officer of the Agency is entitled to watch and inspect the construction of any specified work.

• (4) TfL must give to the Agency not less than 10 business days' notice in writing of its intention to commence construction of a specified work and notice in writing of its completion not later than five business days after the date on which it is completed.

• (5) If the Agency reasonably requires, TfL must construct all or part of any protective works so that they are in place prior to the carrying out of any specified work to which they relate.

• (6) If any part of a specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require TfL at TfL's own expense to comply with the requirements of this Part of this Schedule or if TfL so elects (and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

• (7) Subject to sub-paragraph (8), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (6) is served upon TfL, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from TfL.

• (8) In the event of any dispute as to whether sub-paragraph (6) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in an emergency, exercise the powers conferred by sub-paragraph (7) until the dispute has been finally determined.

Maintenance of the flood defences

59

• (1) Subject to the provisions of this Part of this Schedule and except to the extent that the Agency or any other person is liable to maintain any drainage work and is not precluded by the exercise of the powers of this Order from doing so, TfL must from the commencement of the construction of the specified works until their completion (and during any maintenance works carried out on land temporarily occupied under article 30 (temporary use of land for maintaining the authorised development)) maintain free from obstruction and to the reasonable satisfaction of the agency any drainage work which is situated within the limits of deviation or on land held by TfL for the purposes of or in connection with the specified works, whether or not the drainage work is to be constructed under the powers of this Order or is already in existence, so that the drainage work is a fit for purpose flood defence.

• (2) TfL must, from the commencement of the construction of the specified works until their completion (and during any maintenance works carried out on land temporarily occupied under article 30) maintain free from obstruction and to the reasonable satisfaction of the Agency any temporary flood defence measures approved under paragraph 56, so that they are a fit for purpose flood defence.

• (3) If TfL constructs and thereafter maintains in accordance with sub-paragraph (2) temporary flood defence measures approved by the Agency pursuant to paragraph 56, the obligation in sub-paragraph (1) does not apply to the extent that TfL may maintain the existing drainage work to which the temporary flood defence measures relate to the same standard of repair and condition as the schedule of defects and assessment report prepared under paragraph 55(1) showed it to be in before commencement of the specified works.

• (4) If any such work that TfL is liable to maintain under sub-paragraph (1) or (2) is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require TfL to repair and restore the work, or any part of it, or (if TfL so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

• (5) If, within a reasonable period being not less than 20 business days beginning with the date on which a notice in respect of any work is served under sub-paragraph (4) on TfL, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in doing so from TfL.

• (6) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (4), the Agency must not, except in a case of immediate foreseeable need, exercise the powers of sub-paragraph (5) until the dispute has been finally determined.

• (7) If any maintenance of a drainage work carried out by TfL under sub-paragraph (1) is not required as a result of, or is not attributable to the construction of, the specified works then TfL may recover the expenditure reasonably incurred by it in maintaining the drainage work from the person who is ordinarily liable to maintain that work.

• (8) In the event that the Agency recovers from TfL any expenditure for work carried out by it under sub-paragraph (5) in respect of maintenance that is not required as a result of, or is not attributable to the construction of, the specified works then TfL may in turn recover from the person who is ordinarily liable to maintain the drainage work so much of that expenditure as that person would ordinarily have incurred in maintaining the work.

Emergency powers

60

• (1) Subject to sub-paragraph (4), if by reason of the construction of any specified work or any other development authorised by this Order, or the failure of any such work, the efficiency or effectiveness of any drainage work or the conservation value of the aquatic habitat is impaired, or that drainage work is otherwise damaged, so as to require remedial action, such impairment or damage must be made good by TfL to the reasonable satisfaction of the Agency.

• (2) If such impaired or damaged drainage work is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require TfL to restore it to its former standard of efficiency or where necessary to construct some other work in substitution for it.

• (3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work is served under sub-paragraph (2) on TfL, TfL has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from TfL.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not except in a case of immediate foreseeable need exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 64.

• (5) In any case where immediate action by the Agency is reasonably required in order to secure that the imminent flood risk or damage to the environment is avoided or reduced, the Agency may take such steps as are reasonable for the purpose and may recover from TfL the reasonable cost of so doing provided that the notice specifying those steps is served on TfL as soon as it is reasonably practicable after the Agency has taken or commence to take the steps specified in the notice.

Protection for fish and fisheries

61

• (1) TfL must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.

• (2) If by reason of—

• (a) the construction of any specified work; or

• (b) the failure of any such specified work,

damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on TfL requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.

• (3) If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, TfL fails to take such steps as are described in sub-paragraph (1), the Agency may take such steps as are reasonable for the purpose and may recover from TfL the reasonable cost of so doing provided that the notice specifying those steps is served on TfL as soon as is reasonably practicable after the Agency has taken, or commenced to take the steps specified in the notice.

Indemnities and costs

62

• (1) TfL is responsible for and must indemnify the Agency against all claims, demands, proceedings, costs, expenses, damages and losses not otherwise provided for in this Part of this Schedule which may be reasonably incurred or suffered by the Agency by reason of—

• (a) the construction or operation or maintenance of any specified works comprised within the authorised development or the failure of any such works comprised within them; or

• (b) any act or omission of TfL, its employees, contractors or agents or others whilst engaged upon the construction or operation or maintenance of the authorised works or dealing with any failure of the authorised works,

and TfL must indemnify and keep indemnified the Agency from and against all claims and demands arising out of or in connection with the authorised works or any such failure, act or omission.

• (2) The fact that any act or thing may have been done—

• (a) by the Agency on behalf of TfL; or

• (b) by TfL, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Agency, or in a manner approved by the Agency, or under its supervision or the supervision of its duly authorised representative,

does not (if it was done or required without negligence on the part of the Agency or its duly authorised representative, employee, contractor or agent) excuse TfL from liability under the provisions of this paragraph.

• (3) The Agency must give TfL reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand can be made without the prior consent of TfL.

Notices

63

All notices under this Part of the Schedule are to be sent to the Agency by email to PSO-Thames@environment-agency.gov.uk and PSO.SELondon&NKent@environment-agency.gov.uk unless otherwise agreed in writing.

Dispute resolution

64

Any difference or dispute arising between TfL and the Agency under this Part of this Schedule is to be determined by arbitration in accordance with article 68 (arbitration) unless otherwise agreed in writing between TfL and the Agency.

PART 6 — FOR THE PROTECTION OF THE LONDON BOROUGH OF NEWHAM AND THE ROYAL BOROUGH OF GREENWICH

65

The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between TfL and the appropriate Council.

66

In this Part of this Schedule—

• “the appropriate Council” means—the Council of the London Borough of Newham, in relation to any part of the authorised development constructed in the area of that council; andthe Council of the Royal Borough of Greenwich, in relation to any part of the authorised development constructed in the area of that council;

• “GLA side road” has the same meaning as in the 1984 Act;

• “highway” means a street vested in or maintainable by the appropriate Council as highway authority under the 1980 Act;

• “highway operations” means the construction of any part of the authorised development which will involve the interference with a highway or (where the highway is not a GLA side road) the traffic in a highway and any temporary stopping up, alteration or diversion of a highway; and

• “plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction).

67

Without affecting the application of sections 59 and 60 of the 1991 Act (duty of street authority to co-ordinate and undertakers to co-operate) before commencing any highway operations, TfL must submit to the appropriate Council for its approval proper and sufficient plans and must not commence the highway operations until such plans have been approved or settled by arbitration.

68

If, within 56 days after any plans have been submitted to the appropriate Council under paragraph 67, it has not intimated its disapproval and the grounds of disapproval, it is deemed to have approved them.

69

In the event of any disapproval of plans by the appropriate Council under paragraph 67, TfL may re-submit the plans with modifications and, in that event, if the appropriate Council has not intimated its disapproval and the grounds of disapproval within 28 days of the plans being re-submitted, it is deemed to have approved them.

70

So much of the authorised development as forms part of or is intended to become a highway, or part of any such highway, and which are not street works as respects which the provisions of Part 3 (street works in England and Wales) of the 1991 Act apply, must be completed in accordance with the reasonable requirements of the appropriate Council which is to become the highway authority or, in case of difference between TfL and the appropriate Council as to whether those requirements have been complied with or as to their reasonableness, in accordance with such requirements as may be approved or settled by arbitration.

71

TfL must not, except with the consent of the appropriate Council, deposit any soil, subsoil or materials or stand any vehicle or plant on any highway (except on so much of it as is for the time being temporarily stopped up or occupied under the powers conferred by this Order) so as to obstruct the use of the highway by any person or, except with the same consent, deposit any soil, subsoil or materials on any highway except within a hoarding.

72

Except in an emergency or where reasonably necessary to secure the safety of the public no direction or instruction may be given by the appropriate Council to the contractors, servants or agents of TfL regarding any highway operations without the prior consent in writing of TfL; but the appropriate Council is not liable for any additional costs which may be incurred as a result of the giving of instructions or directions under this paragraph.

73

TfL must, if reasonably so required by the appropriate Council, provide and maintain during such time as TfL may occupy any part of a highway for the purpose of the construction of any part of the authorised development that is not a GLA side road, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994 in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.

74

TfL must indemnify the appropriate Council against any claim which may arise as a result of any subsidence of, or damage to, any highway or any retained sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or associated apparatus or any other property or work belonging to, or under the jurisdiction or control of, or maintainable by, the appropriate Council on or under any highway which may be caused by, or in consequence of, any act or default of TfL, its contractors, servants or agents but the appropriate Council must give to TfL reasonable notice of any such claim and no settlement or compromise of it may be made without TfL's prior consent.

75

Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the appropriate Council, that approval or consent must be in writing and may be given subject to such reasonable terms and conditions as the appropriate Council may require in the interests of safety and in order to minimise inconvenience to persons using the highway, but must not be unreasonably withheld.

76

Unless otherwise agreed between the parties any difference arising between TfL and the appropriate Council under this Part of this Schedule (other than a difference as to its meaning or construction) must be determined by arbitration in accordance with article 68 (arbitration).

SCHEDULE 14 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Description
book of reference	The book of reference contained in document reference 4.3 (revision 3)
bus strategy	The bus strategy contained in document reference 8.82 (revision 2)
charging policies and procedures	The charging policies and procedures contained in document reference 7.11 (revision 3)
classification of roads (classification) plans	The classification of roads (classification) plans contained in document reference 2.7 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheet 2)
classification of roads (designation) plans	The classification of roads (designation) plans contained in document reference 2.7 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheet 2)
code of construction practice	The code of construction practice contained in document reference 6.10 (revision 4)
design and access statement	Design and Access Statement Document 7.3
design and access statement addendum	Design and Access Statement Addendum Document 8.83
design principles	The design principles contained in document reference 7.4 (revision 3)
engineering section drawings and plans	The engineering section drawings and plans contained in document reference 2.8 (revision 1) (revision P02 in respect of sheets 1, 6 to 10, 21 to 23 and revision P01 in respect of sheets 2 to 5 and 11 to 20)
environmental statement	The environmental statement and associated figures and appendices contained in documents referenced 6.1, 6.2 and 6.3 (revision 0) (subject to the substitutions below) The revised chapter 6 of the environmental statement contained in document reference 6.1.6 (revision 0) (which substitutes chapter 6 of the environmental statement contained in document reference 6.1 (revision 0)) The updated air quality and health assessment (to be read alongside the above) contained in document reference 8.33 The revised chapter 8 of the environmental statement contained in document reference 6.1.8 (revision 1) (which substitutes chapter 8 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 10 of the environmental statement contained in document reference 6.1.10 (revision 1) (which substitutes chapter 10 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 12 of the environmental statement contained in document reference 6.1.12 (revision 1) (which substitutes chapter 12 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 13 of the environmental statement contained in document reference 6.1.13 (revision 1) (which substitutes chapter 13 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 16 of the environmental statement contained in document reference 6.1.16 (revision 1) (which substitutes chapter 16 of the environmental statement contained in document reference 6.1 (revision 0)) The following figures substitute the corresponding figures of the environmental statement contained in document reference 6.2 (revision 0)— the revised figures 6.3 to 6.4 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 6.5 to 6.6 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 6.7 to 6.8 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 6.9 to 6.10 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 7.1 to 11.2 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 14.1 to 14.5 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 14.6 to 14.8 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 15.1 to 15.2 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 16.1 to 16.5 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 16.6 to 16.10 of the environmental statement contained in document reference 6.2 (revision 1); and the revised figures 17.1 to 17.2 of the environmental statement contained in document reference 6.2 (revision 1) The revised appendix 4.A of the environmental statement contained in document reference 6.3.4.1 (revision 1) (which substitutes appendix 4.A of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 6.B of the environmental statement contained in document reference 6.3.6.2 (revision 1.1) (which substitutes appendix 6.B of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 8.A of the environmental statement contained in document reference 6.3.8.1 (revision 1) (which substitutes appendix 8.A of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 9.G of the environmental statement contained in document reference 6.3.9.7 (revision 1) (which substitutes appendix 9.G of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 9.H of the environmental statement contained in document reference 6.3.9.8 (revision 1.1) (which substitutes appendix 9.H of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 10.A of the environmental statement contained in document reference 6.3.10.1 (revision 1) (which substitutes appendix 10.A of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 10.B of the environmental statement contained in document reference 6.3.10.2 (revision 1) (which substitutes appendix 10.B of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 16.A of the environmental statement contained in document reference 6.3.16.1 (which substitutes appendix 16.A of the environmental statement contained in document reference 6.3 (revision 0)) The draft HGV management strategy contained in Appendix K of document reference 8.4 The Hoola noise technical note contained in Appendix E of document reference 8.9 The NIR assessment contained in Appendix F of document reference 8.9 The additional noise survey data contained in Appendix D of document reference 8.28 The proposed non-material changes report contained in document reference 8.56 The addendum to the non-material changes report contained in document reference 8.78 The PCC plant environmental appraisal contained in document reference 8.65 The STP environmental appraisal contained in document reference 8.66 The Hoola air quality technical note contained in Appendix 5 of document reference 8.76 The envisaged construction techniques, duration and hours of working for marine piling contained in Appendix 11 of document reference 8.77 The PCC plan indicative visualisation contained in Appendix A of document reference 8.93 The underwater noise technical note contained in Appendix B of document reference 8.100 The Marine Policy Statement Compliance Statement contained in document reference 8.114
general arrangement plans	The general arrangement plans contained in document reference 2.2 (revision 1) (revision P04 in respect of all sheets)
land plans	The land plans contained in document reference 2.3 (revision P01.1 in respect of all sheets)
landscaping plan	The landscaping plan contained in document reference 8.88 (revision P02)
monitoring and mitigation strategy	The monitoring and mitigation strategy contained in document reference 8.84 (revision 2)
rights of way and access plans	The rights of way and access plans contained in document reference 2.6 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheets 2 and 3)
river restrictions plan	The river restrictions plan contained in document reference 2.10 (revision 0) (revision P02)
river restrictions section	The river restrictions section contained in document reference 2.10 (revision 0) (revision P01)
special category land plan	The special category land plan contained in document reference 2.4 (revision P01.1)
traffic regulation measures (speed limits and restricted roads) plans	The traffic regulation measures (speed limits and restricted roads) plans contained in document reference 2.9 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheets 2 to 4)
traffic regulation measures (clearways and prohibitions) plans	The traffic regulation measures (clearways and prohibitions) plans contained in document reference 2.9 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheets 2 to 4)
the tunnels location and operational boundaries plans	The tunnels location and operational boundaries plans contained in document reference 2.1 (revision 1) (revision P03 in respect of sheet 1 of the tunnels location and operational boundaries plans (location plan), revision P02 in respect of sheet 1 of the tunnels location and operational boundaries plans (tunnels operational boundaries plans) and revision P01 in respect of sheets 2 and 3 of the tunnels location and operational boundaries plans (tunnels operational boundaries plans))
works plans	The works plans contained in document reference 2.5 (revision 2) (revision P03 in respect of sheet 1 and revision P04 in respect of sheets 2 and 3)

Signed

Signed by authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — 2018-05-10

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: 1961 c. 33.

[^f00005]: 1965 c. 56.

[^f00006]: 1968 c. xxxii.

[^f00007]: 1980 c. 66.

[^f00008]: 1981 c. 66.

[^f00009]: 1984 c. 27.

[^f00010]: 1990 c. 8.

[^f00011]: 1991 c. 22.

[^f00012]: 1999 c. 29.

[^f00013]: 2004 c. 18.

[^f00014]: 2008 c. 29.

[^f00015]: 2009 c. 23.

[^f00016]: 2004 c. 21.

[^f00017]: 2002 c. 30.

[^f00018]: 1971 c. 80.

[^f00019]: Section 56(4) was amended by paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00020]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00021]: S.I. 2016/1154.

[^f00022]: As inserted by section 263 of the 1999 Act.

[^f00023]: 2011 c. 20.

[^f00024]: 1981 c. 67.

[^f00025]: 1994 c. 22.

[^f00026]: There are amendments to section 48 which are not relevant to this Order.

[^f00027]: As inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the 1999 Act; paragraphs 70 and 95 of Schedule 1 to the Infrastructure Act 2015 (c. 7); S.I. 1999/1820 and S.I. 2001/1400.

[^f00028]: 2006 c. 46.

[^f00029]: 1879 c. cxcvii.

[^f00030]: 1882 c. lvi.

[^f00031]: 1907 c. clxxv.

[^f00032]: 1933 c. xliv.

[^f00033]: 1957 c. xxxv.

[^f00034]: 1961 c. xliii.

[^f00035]: 1962 c. xlv.

[^f00036]: 1970 c. lxxvi.

[^f00037]: 1972 c. xl.

[^f00038]: 1986 c. iv.

[^f00039]: 1991 c. 57.

[^f00040]: S.I. 2016/1154.

[^f00041]: 2017 c. 20.

[^f00042]: S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments but none is relevant.

[^f00043]: As amended by section 46 of the Criminal Justice Act 1982 (c. 48).

[^f00044]: As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991 (c. 22).

[^f00045]: As amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); paragraph 45(11) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and section 168 of, paragraph 9 of Schedule 8 and Schedule 9 to, the 1991 Act.

[^f00046]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00047]: As also amended by section 49(1) of the Traffic Management Act 2004.

[^f00048]: As also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00049]: As also amended by section 52(3) of the Traffic Management Act 2004.

[^f00050]: As amended by section 42 of the Traffic Management Act 2004.

[^f00051]: As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51); section 22(1) of the 1991 Act and paragraphs 1 and 19 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00052]: 1991 c. 56. Section 106 was amended by sections 35(1), 35(8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00053]: S.I. 2016/1154.

[^f00054]: 1991 c. 57.

[^f00055]: As amended by S.I. 2009/1307.

[^f00056]: As amended by sections 62(3) and 139(4)-(9) of, paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 223 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00057]: As amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00058]: As inserted by paragraphs 1 and 3 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).

[^f00059]: As inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00060]: S.I. 2018/574.

[^f00061]: As inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00062]: As inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).

[^f00063]: As inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).

[^f00064]: As amended by paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00065]: As amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).

[^f00066]: As amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

[^f00067]: As inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00068]: S.I. 2018/574.

[^f00069]: As amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

[^f00070]: As amended by section 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00071]: As amended by sections 62(3) and 139 of, and paragraph 27 and 28 of Schedule 13, and part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00072]: 2003 c. 21.

[^f00073]: As inserted by section 187(1) and (3) of the Localism Act 2011 (c. 20).

[^f00074]: 1887 c. clxxii.

[^f00075]: 1938 c. lxxxi.

[^f00076]: 1994 c. 22.

[^f00077]: S.I. 2001/2313, as amended by S.I. 2003/108, S.I. 2008/1956 and S.I. 2008/2683.

[^f00078]: 1994 c. 22.

[^f00079]: S.I. 2009/1348, regulation 32 was substituted by S.I. 2014/469 and subsequently amended by S.I 2015/1682.

[^f00080]: 1972 c. 70. Section 236 was amended by section 76 and 166 of the 1999 Act and S.I. 2001/3719; there are other amendments to section 236 but none are relevant

[^f00081]: S.I. 2016/165.

[^f00082]: As inserted by section 261 of the 1999 Act.

[^f00083]: As amended by section 46 of the Criminal Justice Act 1982 (c. 48).

[^f00084]: As amended by paragraphs 1, 6-8 and 10-12 of Schedule 13 and Part 1 of Schedule 31 to the Transport Act 2000 (c. 38) and section 115 of the Local Transport Act 2008 (c. 26).

[^f00085]: 2008 c. i.

[^f00086]: S.I. 2011/935.

[^f00087]: 1996 c. ix.

[^f00088]: 1990 c. 43; there are amendments that are not relevant to this Order.

[^f00089]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c. 25). There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00090]: 1972 c. 70.

[^f00091]: 1960 c. 67.

[^f00092]: 1978 c. 30.

[^f00093]: As substituted by section 26(1) and (2) of the Growth and Infrastructure Act 2013 (c. 27).

[^f00094]: Section 115(2) was amended by section 160(1) and (3) of the Housing and Planning Act 2016 (c. 22). There are other amendments to section 115(2) but none are relevant.

[^f00095]: 1995 c. 21.

[^f00096]: S.I. 2015/596.

[^f00097]: 1990 c. 43. Part 2A was inserted by section 57 of the Environment Act 1995 (c. 25). The definition of “contaminated land” was subsequently amended by section 86(1) and (2)(a) of the Water Act 2003 (c. 37).

[^f00098]: 1990 c. 10.

[^f00099]: 1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), Schedule 15 to the Environmental Protection Act 1990 (c. 43) and Schedule 24 to the Environment Act 1995 (c. 25). There are other amendments to section 61 but none are relevant.

[^f00100]: S.I. 2018/574.

[^f00101]: 1973 c. 26.

[^f00102]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00103]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00104]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016 (c. 22).

[^f00105]: Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00106]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00107]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.

[^f00108]: 1988 c. 53.

[^f00109]: S.I. 1993/2073.

[^f00110]: S.I. 2001/2313.

[^f00111]: S.I. 2018/574.

[^f00112]: 2004 c. 21.

[^f00113]: 2002 c. 30.

[^f00114]: 2006 c. 46.

[^f00115]: 1978 c. 30.

[^f00116]: 1971 c. 80.

[^f00117]: S.I. 2018/574.

[^f00118]: 1989 c. 29.

[^f00119]: 1991 c. 56. Section 51A was inserted by section 92(1) of the Water Act 2003 (c. 37), and subsequently amended by section 10(1) and (2) of the Water Act 2014 (c. 21).

[^f00120]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003. Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and paragraphs 2 and 91 of Schedule 7 to, the Water Act 2014.

[^f00121]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27) and Part 1 of Schedule 23 to the Energy Act 2004 (c. 20). There are further amendments to section 7 but none are relevant.

[^f00122]: 2003 c. 21.

[^f00123]: Paragraph 1(3A) was inserted by section 106(2) of, and paragraphs 1 and 4 of Schedule 3 to, the Communications Act 2003.

[^f00124]: See section 106.

[^f00125]: 1984 c. 12. Paragraph 23 was amended by section 190 of, and paragraph 68 of Schedule 25 and part 1 of Schedule 27 to, the Water Act 1989 (c. 15), section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and section 106(2) of, and paragraphs 1, 5(d) and 8 of Schedule 3 to, the Communications Act 2003 (c. 21).

[^f00126]: 1989 c. 29.

[^f00127]: 1995 c. 25.

[^f00128]: 2006 c. 16.

[^f00129]: S.I. 20017/407.

[^f00130]: As amended by section 42 of the Traffic Management Act 2004 (c. 18).

[^f00131]: As amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00132]: S.I. 1994/1519.

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 35 (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) (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

• (c) the construction of a new cross-over facility in the central reservation.

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

• (c) the construction of a new cross-over facility in the central reservation.

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

• (c) the construction of a new junction for a bus-only egress onto the existing northbound carriageway of Millennium Way.

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);

• (c) the construction of ramps and staircases to serve the new foot and cycle bridge; and

• (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;

• (c) the construction of internal access roads and operational parking facilities;

• (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