Legalize / United Kingdom / Statutory-Instrument

The Great Yarmouth Third River Crossing Development Consent Order 2020

Type Statutory-Instrument

Publication 2020-09-24

Last updated 2021-06-10

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 24th September 2020

Coming into force: 15th October 2020

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 for an Order granting development consent.

The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 .

The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83(1) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.

The Secretary of State, in exercise of the powers conferred by sections 114 , 115 , 117 , 120 , 122 , 123 and 149A of, and paragraphs 1 to 4, 10 to 17, 19 to 23, 26, 30A, 30B, 32, 32A, 32B, 33, 34, 36 and 37 of Part 1 of Schedule 5 to the 2008 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the Great Yarmouth Third River Crossing Development Consent Order 2020 and comes into force on 15th October 2020.

Interpretation

2

(1) In this Order except where provided otherwise—

“the 1961 Act” means the Land Compensation Act 1961 ;

“the 1965 Act” means the Compulsory Purchase Act 1965 ;

“the 1980 Act” means the Highways Act 1980 ;

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981 ;

“the 1984 Act” means the Road Traffic Regulation Act 1984 ;

“the 1990 Act” means the Town and Country Planning Act 1990 ;

“the 1991 Act” means the New Roads and Street Works Act 1991 ;

“the 2004 Act” means the Traffic Management Act 2004 ;

“the 2008 Act” means the Planning Act 2008 ;

“the 2009 Act” means the Marine and Coastal Access Act 2009 ;

“the 2016 Regulations and Directions” means the Traffic Signs Regulations and General Directions 2016 ;

“address” includes any number or address for the purposes of electronic transmission;

“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“the approach to detailed design” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the approach to detailed design for the purposes of this Order;

“the authorised development” means, subject to the provisions of this Order, the development described in Schedule 1 (authorised development) and any other development authorised by this Order;

“authorised person” means—a person acting in the course of that person's duties who—is an employee, agent, contractor or sub-contractor of the undertaker; oris authorised by the undertaker to exercise one or more of its functions under this Order; ora constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, a person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 2004 or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002 , acting in the execution of that person's duties;

“the book of reference” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;

“Borough of Great Yarmouth” means the administrative area of Great Yarmouth Borough Council;

“bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in section 329(1) of the 1980 Act;

“the classification of roads plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the classification of roads plan for the purposes of this Order;

“commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development other than operations, for the purposes of archaeological or ecological investigations, investigations of the existing condition of the ground or of structures, erection of any temporary means of enclosure, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

“conservation area” means an area for the time being designated under section 69 (designation of conservation areas) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;

“construction” includes execution, erection, carrying out, placing, altering, replacing, relaying and removal and “construct” is to be construed accordingly;

“cycle track” has the same meaning as in section 329(1) of the 1980 Act;

“electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form;

“electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003 ;

“the engineering plans, drawings and sections” means the plans, drawings and sections of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the engineering plans, drawings and sections for the purposes of this Order;

“the environmental statement” means the documents of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the environmental statement for the purposes of this Order;

“flood risk activity” has the same meaning as it has in the Environmental Permitting (England and Wales) Regulations 2016 ;

“footpath” and “footway” have the same meaning as they have in section 329(1) of the 1980 Act;

“the general arrangement plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the general arrangement plans for the purposes of this Order;

“the GYPA” means the Great Yarmouth Port Authority and includes any person or body authorised by the Authority to act on its behalf for the purposes of this Order;

“Great Yarmouth Port” means the port over which the GYPA has jurisdiction as delineated on the harbour limits plan;

“the harbour limits plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the harbour limits plan for the purposes of this Order;

“the harbour master” means any person appointed as the harbour master by the GYPA under section 51 (appointment of harbour, dock or pier master) of the Harbours, Docks and Piers Clauses Act 1847 and includes that person's authorised deputies and assistants;

“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;

“the land plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the land plans for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);

“the limits of dredging plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the limits of dredging plan for the purposes of this Order;

“maintain” includes, to the extent which would not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement, inspect, repair, adjust, alter, remove, replace or reconstruct in relation to any part of the authorised development and any derivative of “maintain” is to be construed accordingly;

“master”, in relation to any vessel, means the person having the command, charge or management of the vessel for the time being;

“MMO” means the Marine Management Organisation;

“motor vehicle” has the same meaning as in section 185 of the Road Traffic Act 1988 ;

“the new bridge” means Work No. 8B together with the vessel impact protection systems and supporting works comprised in Work Nos. 6A and 6B;

“the new bridge area” means the new bridge, the new bridge approaches, the new bridge control tower, the new bridge plant room, the new bridge infrastructure and the public realm areas;

“the new bridge approaches” means the western and eastern approaches to the new bridge (respectively “the new bridge western approach” and “the new bridge eastern approach”), the centre lines of which, together with the centre line of the new bridge, are shown on the new bridge area plan;

“the new bridge area plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the new bridge area plan for the purposes of this Order;

“the new bridge control tower” means Work No. 7A;

“the new bridge infrastructure” means all infrastructure which is required for or facilitates the construction, maintenance, inspection or operation of the new bridge including (without limitation) cables, pipes and other apparatus relating to the provision of drainage, electricity, water and other services, fenders and other protective or ancillary works relating to the new bridge, tools and any emergency, safety or communications apparatus;

“the new bridge plant room” means Work No. 7B;

“the New Road” means the new highway comprised in Work No. 8;

“the new highways” means the new and realigned highways comprised in Work Nos. 2 and 8;

“the new roundabout” means the new roundabout comprised in Work No. 2;

“Order land” means the land shown coloured pink, the land shown coloured blue and the land hatched pink and blue on the land plans, and described in the book of reference;

“the Order limits” means the limits of land to be acquired permanently or used temporarily as shown on the land plans and the limits of land within which the authorised development, as shown on the works plans, may be carried out;

“Ordnance Datum” means Ordnance Datum Newlyn, which is the national system for height referencing in mainland Great Britain and which forms the reference frame for heights above mean sea level, at the time of this Order coming into force;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 ;

“the public realm areas” means the areas of the public realm facilities comprised in Work No. 6A;

“the rights of navigation plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the rights of navigation plan for the purposes of this Order;

“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers' land) of the 2008 Act;

“statutory utility” means—a statutory undertaker, ora public communications provider as defined in section 151(1) (interpretation of Chapter 1F) of the Communications Act 2003.

“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as it has in Part 3 of the 1991 Act;

“the street plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the street plans for the purposes of this Order;

“traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;

“the traffic regulation measures plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the traffic regulation measures plans for the purposes of this Order;

“traffic sign” has the same meaning as in section 64(1) (general provisions as to traffic signs) in the 1984 Act;

“tree preservation order” and “TPO” mean a tree preservation order made under section 198(1) (power to make tree preservation orders) of the 1990 Act;

“the tree preservation order and conservation area tree plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the tree preservation order and conservation area tree for the purposes of this Order;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“Trinity House” means the Master, Wardens and Assistants of the Guild, Fraternity or Brotherhood of the most glorious and undivided Trinity and of St Clement in the Parish of Deptford Strond in the county of Kent, commonly called the Corporation of the Trinity House of Deptford Strond;

“undertaker” means Norfolk County Council;

“variable message sign” means a sign displaying information, as determined from time to time by the undertaker, about—forthcoming closures of the new bridge to highway users and other matters relating to the operation of the new bridge;routes which highway users are required or recommended to use, or not to use;other matters of relevance to the operation of the local highway network; andany other matter likely to be of assistance or interest to highway users;

“vessel” means any vessel navigable on the river Yare;

“vessel waiting facilities” means the facilities comprised in Work No. 6A;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

“the works plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the works plans for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the enjoyment of interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(3) References in this Order to the creation and acquisition of rights over land include references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the direction of the undertaker, either—

(a) to an affected person directly, where that affected person's land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or

(b) to any statutory undertaker for the purposes of their undertaking.

(4) All distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(5) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(6) References in this Order to points or other matters identified by letters or numbers are to be construed as references to those points or other matters so lettered or numbered on the relevant plans.

(7) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

(8) References to plots in this Order are references to the plots shown on the land plans and detailed in the book of reference.

Disapplication of legislation, etc.

3

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation or maintenance of any part of the authorised development—

(a) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991 ;

(b) section 32 (variation of awards) of the Land Drainage Act 1991;

(d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the authority) to the Water Resources Act 1991 ;

(e) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in respect of a flood risk activity only; and

(f) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to temporary possession of land under articles 35 (temporary use of land for constructing the authorised development) and 36 (temporary use of land for maintaining the authorised development) of this Order.

(2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be a building into which people do not normally go.

(3) The provisions of the Allotments Act 1922 do not apply to the exercise by the undertaker of any functions under this Order.

PART 2 — PRINCIPAL POWERS

4

(1) Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development.

(2) Any enactment applying to land within, adjoining, or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

Maintenance of authorised development

5

The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Limits of deviation

6

(1) The following provisions of this article have effect subject to the requirement that the undertaker must construct the authorised development within the Order limits.

(2) In constructing or maintaining the non-linear works comprised in the authorised development, the undertaker may deviate laterally within the limits of deviation for those works shown on the works plans to the extent the undertaker considers to be necessary or convenient.

(3) In constructing or maintaining the linear works comprised in the authorised development the undertaker may deviate laterally from the lines or situations shown on the works plans to the extent of the Order limits, so far as the undertaker considers to be necessary or convenient, save that—

(a) in constructing or maintaining any linear work, other than Work No. 8C, in deviating laterally from the centre lines shown on the works plans, the situation of the centre line may be varied up to a maximum of 3 metres either side of the centre line of that work as shown on the works plans; and

(b) in constructing or maintaining Work No. 8C, in deviating laterally from the centre line shown on the works plans, the situation of the centre line may be varied up to a maximum of 1 metre either side of the centre line of that work as shown on the works plans.

(4) In constructing or maintaining the new bridge the undertaker must safeguard the width of the navigable channel within the river Yare by preserving a distance of no less than 50 metres between the outer edges of the vessel impact protection systems comprised in Work Nos. 6A, 6B and 8B.

(5) In constructing or maintaining the authorised development, the undertaker may deviate vertically from the levels shown on the engineering plans, drawings and sections—

(a) subject to paragraph (6), to any extent upwards as the undertaker considers to be necessary or convenient but not exceeding 1.0 metre; and

(b) subject to paragraphs (7) and (8), to any extent downwards as the undertaker considers to be necessary or convenient, except in relation to the parts of the authorised development referred to in column (1) of the table below, where the extent of permitted downwards deviation for each such part is set out in the corresponding entry in column (2) of that table.

(1) Numbered Work	(2) Downwards vertical limit of deviation
Work No. 1	-0.5 metres
Work No. 2	-0.5 metres
Work No. 4	-0.5 metres
Work No. 5	-0.5 metres
Work No. 6	-0.5 metres
Work No. 7	-1.0 metre
Work No. 8	-0.5 metres
Work No. 9	-0.5 metres
Work No. 10	-0.5 metres

(6) Paragraph (5)(a) does not prevent the undertaker from—

(a) constructing the control tower comprising Work No. 7A to a height up to, but not exceeding, 20 metres above Ordnance Datum; or

(b) constructing the plant room comprising Work No. 7B to a height up to, but not exceeding, 17 metres above Ordnance Datum.

(7) Paragraph (5)(b)—

(a) does not prevent the undertaker in constructing the piles comprising any part of the authorised development, from deviating to any extent downwards as the undertaker considers to be necessary or convenient; and

(b) does not prevent the undertaker from constructing any drainage ponds or carrying out works to any existing drainage infrastructure, to any extent downwards as the undertaker considers to be necessary or convenient.

(8) In constructing or maintaining Work No. 8 the undertaker must—

(a) provide a minimum headroom of no less than 5.3 metres above finished road level beneath the Southtown Road bridge comprising part of Work No. 8A;

(b) provide a minimum headroom of no less than 4.9 metres above finished road level within the new private means of access comprising part of Work No. 8C; and

(c) over the width of the navigable channel, when the new bridge is in the closed position, provide a minimum air draught of no less than 5.36 metres above Ordnance Datum.

(9) Without limitation on the scope of paragraphs (2) to (8) in constructing or maintaining the authorised development the undertaker may—

(a) deviate by up to 3 metres from the points of commencement and termination of any of the linear works; and

(b) deviate from the designs shown on the engineering plans, drawings and sections, provided that any such deviation is in general accordance with the approach to detailed design.

(10) In this article, references to—

(a) “linear works” are references to any works shown on the works plans by way of centre lines; and

(b) “non-linear works” are references to any other works shown on the works plans.

Benefit of the Order

7

(1) Subject to paragraph (2) and article 8 (consent to transfer benefit of the Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

8

(1) Subject to paragraph (2), the undertaker may, with the consent of the Secretary of State—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or

(b) grant to another person (“the grantee”) for a period agreed between the undertaker and the grantee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1) references in the provisions of this Order and any documents certified under it that apply to the undertaker, except in paragraph (3), include references to the transferee or the grantee or any other person who may exercise, enjoy, or be responsible for any functions of the undertaker pursuant to that agreement as the case may be.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

PART 3 — STREETS

Power to alter layout, etc., of streets

9

(1) The undertaker may, for the purposes of the authorised development, alter the layout of, or carry out any works in, the streets specified in columns (1) and (2) of Schedule 3 (streets subject to permanent layout and other alterations) in the manner specified in relation to that street in column (3).

(2) Regardless of the specific powers conferred by paragraph (1) but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing and maintaining the authorised development, alter the layout of, or carry out any works in, any street within the Order limits and, without limitation on the scope of this paragraph, the undertaker may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;

(b) alter the level or increase the width of any kerb, footpath, footway, cycle track or verge;

(d) make and maintain passing places or parking bays.

(3) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(4) The powers conferred by paragraph (2) must not be exercised without the consent of the street authority.

Street works

10

(1) The undertaker may, for the purposes of the authorised development, enter on so much of any street as is within or adjacent to the Order limits and may—

(a) break up or open the street, or any sewer, drain or tunnel under it;

(b) tunnel or bore under the street;

(d) maintain apparatus in the street or change its position; and

(e) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d).

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) The undertaker must not carry out works under the authority of paragraph (1) without the consent of the street authority, which may attach reasonable conditions to any consent.

Application of the 1991 Act

11

(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

(b) they are works which could have been carried out by the highway authority for the relevant highway in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 Act or section 184 (vehicle crossings over footways and verges) of that Act.

(2) In Part 3 of the 1991 Act references, in relation to major highway works, to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.

(3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers of this Order—

section 56 (power to give directions as to timing of street works);

section 56A (power to give directions as to placing of apparatus);

section 58 (restrictions on works following substantial road works);

section 58A (restriction on works following substantial street works);

section 73A (power to require undertaker to re-surface street);

section 73B (power to specify timing etc. of re-surfacing);

section 73C (materials, workmanship and standard of re-surfacing);

section 78A (contributions to costs of re-surfacing by undertaker); and

Schedule 3A (restriction on works following substantial street works).

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 15 (temporary stopping up and restriction of use of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act referred to in paragraph (4) are—

section 54 (advance notice of certain works), subject to paragraph (6);

section 55 (notice of starting date of works), subject to paragraph (6);

section 57 (notice of emergency works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 68 (facilities to be afforded to street authority);

section 69 (works likely to affect other apparatus in the street);

section 75 (inspection fees);

section 76 (liability for cost of temporary traffic regulation); and

section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Nothing in article 12 (construction and maintenance of new, altered or diverted streets and other structures)—

(a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not by reason of any duty under paragraph (3) of that article to maintain a street or to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(b) has effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.

Construction and maintenance of new, altered or diverted streets and other structures

12

(1) Subject to paragraph (2), any highway to be constructed, altered or diverted under this Order, including any culverts or other structures laid under or in it, must be maintained by and at the expense of the highway authority for that highway from its completion.

(2) A variable message sign provided under this Order must be maintained by the undertaker.

(3) Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed in writing, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

(4) The new bridge and new bridge approaches must be maintained by and at the expense of the local highway authority from the date of their completion.

(5) In any action against the undertaker in respect of loss or damage resulting from any failure by the undertaker to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(6) For the purposes of a defence under paragraph (5), the court must in particular have regard to the following matters—

(a) the character of the street and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e) where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

(7) Where any works to which this article relates are works to a highway for which the undertaker is not the highway authority, the date for completion of those works is to be such date as is agreed by the undertaker and the highway authority.

(8) The date of completion of any works referred to in paragraph (3) is to be such date as is agreed by the undertaker and the street authority.

Classification of roads

13

(1) In this article “the specified road” means the length of new highway to be constructed commencing from the eastern arm of the existing A47 Harfreys's Roundabout junction, extending in an easterly direction to its junction with South Denes Road, and identified by solid green lines on the classification of roads plan.

(2) On the day on which the authorised development is completed and open for traffic the specified road is to be classified as the A1154 and the specified road is to be—

(a) a principal road for the purpose of any enactment or instrument which refers to highways classified as principal roads; and

(b) a classified road for the purpose of any enactment or instrument which refers to highways classified as classified roads,

as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

Permanent stopping up of streets and private means of access

14

(1) Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised development, stop up each of the streets and private means of access specified in column (2) of Parts 1, 2, 3 and 4 of Schedule 4 (permanent stopping up of streets and private means of access) to the extent specified in column (3) of those Parts of that Schedule.

(2) No street or private means of access specified in column (2) of Part 1 (streets for which a substitute is to be provided and other new streets to be provided) or Part 3 (private means of access for which a substitute is to be provided and other new private means of access to be provided) of Schedule 4 is to be wholly or partly stopped up under this article unless—

(a) the new street or private means of access to be substituted for it, which is specified in column (4) of Part 1 or Part 3 of Schedule 4, has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b) a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority (where that authority is not the undertaker), between the commencement and termination points for the stopping up of the street or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in column (2) of Part 2 (street to be stopped up for which no substitute is to be provided) or Part 4 (private means of access to be stopped up for which no substitute is to be provided) of Schedule 4 is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street or private means of access to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a) the undertaker is in possession of the land;

(b) there is no right of access to the land from the street or private means of access concerned;

(c) there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or

(d) the owners and occupiers of the land have agreed to the stopping up.

(5) Where a street or private means of access has been stopped up under this article—

(a) all rights of way over or along the street or private means of access so stopped up are extinguished; and

(b) the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street or private means of access as is bounded on both sides by land owned by the undertaker.

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

(7) This article is subject to article 38 (apparatus and rights of statutory undertakers in stopped up streets).

Temporary stopping up and restriction of use of streets

15

(1) The undertaker, during and for the purposes of constructing the authorised development, may—

(a) temporarily, stop up, alter or divert any street, or any part of it, and

(b) for any reasonable time and subject to paragraph (3)—

(i) prevent all persons from passing along any street or part of a street; or

(ii) restrict or prohibit the use of any street, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as the undertaker may consider necessary.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street where the use has been prohibited or restricted under the powers conferred by this article, and which is within the Order limits, as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion, or prohibition or restriction of the use of a street under this article if there would otherwise be no such access.

(4) The undertaker must not temporarily stop up, alter or divert any street without the consent of the street authority which may attach reasonable conditions to any consent.

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

Access to works

16

The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

Agreements with street authorities

17

(1) The following provisions of this article apply where, in relation to an existing or proposed street, the undertaker is not or (as the case may be) will not be the street authority.

(2) A street authority and the undertaker may enter into agreements with respect to—

(a) the construction of any new street including any structure carrying the street over or under any element of the authorised development;

(b) the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;

(d) any stopping up, alteration, or diversion of, or prohibition or restriction of the use of, a street (whether temporary or permanent) authorised by this Order;

(e) the construction in the street of any of the works referred to in article 10(1) (street works); or

(f) such other works as the street authority and the undertaker may agree.

(3) Such an agreement may, without limitation on the scope of paragraph (2)—

(a) make provision for the street authority to carry out any function under this Order which relates to the street in question;

(b) specify a reasonable time for the completion of the works; and

Traffic regulation measures

18

(1) Subject to the provisions of this article, the undertaker may, for the purposes of the authorised development—

(a) make provision, in respect of those lengths of roads specified in column (2) of Part 1 (prohibitions and restrictions of waiting, loading, etc.) of Schedule 5 (traffic regulation measures) as to the permitting, prohibition or restriction of the waiting, parking, loading or unloading of vehicles as specified in column (3) of that Part of that Schedule;

(b) make provision, in respect of those lengths of roads specified in column (2) of Part 2 (direction of travel, entry, etc.) of Schedule 5, as to the direction of travel of vehicular traffic or the entry of pedestrians, vehicles or other classes of road user as specified in column (3) of that Part of that Schedule;

(c) in respect of those lengths of roads specified in column (2) of Part 3 (variation and revocation of existing orders) of Schedule 5, make provision revoking or varying the orders specified in column (3) of that Part of that Schedule in the manner specified in column (4) of that Part of that Schedule; and

(d) make provision revoking, amending or suspending in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under the preceding provisions of this paragraph.

(2) Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1), the undertaker may make provision, in so far as necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance and operation of the authorised development—

(a) as to the speed at which vehicles may proceed along any road;

(b) permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road;

(d) as to prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road;

(e) permitting, prohibiting or restricting the use by vehicular traffic of any road;

(f) permitting, prohibiting or restricting the use by pedestrians or other non-vehicular traffic of any road forming part of, or adjacent to, the new bridge; and

(g) revoking, amending or suspending in whole or in part any order made, or having effect as if made, under the 1984 Act.

(3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 24 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) Subject to paragraph (5) and (in relation to provision made under paragraph (1)) so far as consistent with the specifications contained in column 3 of the Parts of Schedule 5, the provision made by the undertaker under paragraph (1) and (2) may, as the undertaker considers necessary or expedient, be made so as to apply—

(a) to all road users of a specified class, or to specified categories of road user within that class;

(b) during all times and circumstances or only at specified times and circumstances;

(d) subject to specified exceptions, limitations or conditions, including any which are necessary or expedient in consequence of the provision of a crossing under paragraph (11).

(5) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those Regulations.

(6) Before exercising the powers conferred by paragraph (2) the undertaker must consult the chief officer of police in whose area the road is situated and (where the undertaker is not the traffic authority for that road) the traffic authority and have regard to any representations made.

(7) The undertaker must not exercise the powers conferred by paragraphs (1) or (2) unless the undertaker has—

(a) given not less than—

(i) 12 weeks' notice in writing of the undertaker's intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) except in a case of emergency, 14 days' notice in writing of the undertaker's intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police in whose area the road is situated and (where the undertaker is not the traffic authority for that road) to the traffic authority; and

(b) published the undertaker's intention in such manner as the undertaker considers appropriate.

(8) Any prohibition, restriction or other provision made under paragraphs (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (2) within a period of 24 months from the opening of the authorised development for public use.

(9) Any prohibition, restriction or other provision made by the undertaker under paragraphs (1) or (2) (“the provision”)—

(a) must be made by written instrument in such form as the undertaker considers appropriate;

(b) must be publicised by the undertaker in such manner as the undertaker considers appropriate;

(i) the traffic authority in whose area the relevant road is situated as an order made under the 1984 Act if the provision is one which could have been so made by that traffic authority; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act if the provision is one which could have been so made by that local authority;

and accordingly—

(iii) may (without prejudice to the undertaker's powers under paragraph (2) during the period specified in paragraph (3) be suspended, varied or revoked by the relevant traffic authority or local authority in accordance with the 1984 Act; and

(iv) may be enforced by means of civil enforcement of contraventions under Part 6 of the 2004 Act to the same extent as if the provision had been contained in an order made by the traffic authority or a local authority.

(10) In making provision by written instrument under paragraph (9) the undertaker may give effect to the provision as it thinks fit including by way of—

(a) amending or revoking an existing order or other provision made under the 1984 Act; or

(b) consolidating the provision made by the instrument with the provision made by an existing order or other provision made under the 1984 Act.

(11) The undertaker may provide crossings of the types and locations shown on the traffic regulation measures plans.

(12) A crossing provided under paragraph (11) has effect as a pedestrian crossing duly established under section 23 (powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings) of the 1984 Act by the local traffic authority for the relevant road if the crossing is one which could have been so established by the local traffic authority.

(13) A crossing provided under paragraph (11) must accord with any requirements of the 2016 Regulations and Directions which apply to a crossing of the type provided (and if so provided, and the crossing is of a type whose provision is authorised by the 2016 Regulations and Directions, the crossing has effect as if so provided).

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

(15) The highways comprised in the new bridge and the new bridge approaches are deemed to be highways to which the provisions of section 127(1) (footpaths, bridleways, restricted byways and byways open to all traffic) of the 1984 Act apply.

Disapplication of obligations where undertaker is the street authority

19

Any obligation imposed on the undertaker by this Order in relation to a street or part of a street to—

(a) obtain the consent or agreement of the street authority; or

(b) to carry out any works or activity to the satisfaction of the street authority,

does not apply where, in relation to the relevant street or part of a street, the undertaker is the street authority.

PART 4 — SUPPLEMENTAL POWERS

Discharge of water

20

(1) Subject to paragraphs (3), (4) and (5), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, maintenance or use of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 .

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) Where the undertaker discharges water into, or makes any opening into, a watercourse, public sewer or drain belonging to or under the control of the Waveney, Lower Yare and Lothingland Internal Drainage Board, the provisions of Part 5 of Schedule 14 (protective provisions) apply in substitution for the provisions of paragraphs (3) and (4).

(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) In this article—

(a) “public sewer or drain” means a sewer or drain which belongs to the Homes and Communities Agency (known as Homes England), the GYPA, the Environment Agency, an internal drainage board, a joint planning board, a local authority, or a sewerage undertaker; and

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.

(8) Nothing in this article overrides the requirement for an environmental permit under regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 .

Protective works to buildings

21

(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building within the Order limits or which may be affected by the authorised development as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the construction in the vicinity of the building of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may (subject to paragraph (6)) enter and survey—

(a) any building falling within paragraph (1) and any land within its curtilage; and

(b) where necessary or expedient, land which is adjacent to the building falling within paragraph (1) but outside its curtilage (whether or not such adjacent land is inside or outside the Order limits).

(4) The power to survey buildings and land conferred by paragraph (3) includes the power to place and leave monitoring apparatus on land or within a building and to remove such apparatus.

(5) For the purpose of constructing protective works to a building under this article the undertaker may (subject to paragraphs (6) and (7))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (whether or not such adjacent land is inside or outside the Order limits) but not any building erected on it,

and in either case the undertaker may take exclusive possession of the building and land if this is reasonably necessary for the purpose of constructing the protective works.

(6) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3) to enter a building and land within its curtilage;

(d) a right under paragraph (5)(b) to enter and take possession of land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c) specifying the protective works proposed to be carried out.

(7) Where a notice is served under paragraph (6)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 67 (arbitration).

(8) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(9) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the construction or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(10) Subject to article 42 (no double recovery), nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act.

(11) Any compensation payable under paragraph (8) or (9) is to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(12) Provided that the requirements of paragraph (6) are met, section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(13) In this article “protective works” in relation to a building means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or use of the authorised development;

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or use of the authorised development; and

(c) any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk of such operation being disrupted.

Authority to survey and investigate land

22

(1) Subject to paragraphs (2) to (4), the undertaker may for the purposes of this Order authorise any person to enter on any land within the Order limits or which may be affected by the authorised development and—

(a) survey or investigate the land;

(b) without limitation on the scope of sub-paragraph (a)—

(i) make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil;

(ii) remove samples of soil or of water within or covering the land;

(iii) carry out ecological, environmental or archaeological investigations on the land, including the monitoring of any matter; and

(c) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article—

(a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes are to be made under this article—

(a) in a highway for which the undertaker is not the highway authority, without the consent of the highway authority; or

(b) in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Provided that the requirements of paragraph (2) are met, section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

23

(1) Notwithstanding anything in any other enactment or in any rule of law, the undertaker may in accordance with the provisions of this article temporarily close any part of the river Yare under paragraph (2) or (4) for the purposes of constructing, inspecting or maintaining the authorised development.

(2) For the purposes of constructing the authorised development the undertaker may, having first consulted the GYPA, close the entire width of the river Yare within the Order limits.

(3) The power conferred by paragraph (2) is to be exercised on no more than 3 occasions and the period of closure on each such occasion is not to exceed 72 hours.

(4) In addition to the closures authorised by paragraph (2), the undertaker may, with the consent of the GYPA—

(a) for the purposes of constructing the authorised development partially reduce the width of the river Yare within the Order limits; and

(b) for the purposes of inspecting or maintaining the authorised development—

(i) partially reduce the width of the river Yare within the Order limits; or

(ii) close the entire width of the river Yare within the Order limits in circumstances where there is no reasonable alternative.

(5) The consent of the GYPA under paragraph (4) must not be unreasonably withheld or delayed, and where granted may be given subject to reasonable conditions.

(6) In the application of paragraph (5) regard is to be had to—

(a) the urgency and importance of the activities or works in relation to which the closure is sought;

(b) the limitations of available materials or technology relevant to the activities or works;

(c) any danger or detriment to users of the river and highways which will or may result if the works or activities are not carried out as proposed;

(d) any potential consequences to the users of the river for business and recreational purposes;

(e) any potential material damage to the business of Great Yarmouth Port Company; and

(f) any other matter or factors which are material in all the circumstances.

(7) Before exercising the powers conferred by paragraphs (2) and (4) the undertaker must (except where exercising the power conferred by paragraph (4) in a case of emergency)—

(a) publish notice of the temporary closure in Lloyd's List and on a website maintained by the undertaker; and

(b) display notice of the temporary closure for the minimum period in a conspicuous position adjacent to the area of the closure from the date of the notice published under sub-paragraph (a) above.

(8) Following consultation with the GYPA under paragraph (2) or (as the case may be) the grant of the GYPA's consent under paragraph (4), the GYPA must as soon as practicable upon the undertaker's request issue a notice to mariners giving the commencement date and anticipated duration of the relevant temporary closure.

(9) Except in a case of emergency, the period between the publication of a notice required by paragraph (7)(a) and the commencement date of the closure to which it relates must not be less than the minimum period.

(10) Where the undertaker exercises the powers conferred by this article in a case of emergency, the undertaker must as soon as practicable display notice of the temporary closure in a conspicuous position adjacent to the area of the closure.

(11) In this article and in article 24 (removal of vessels) “emergency” means any circumstance existing or imminent which the undertaker considers is likely to cause danger to—

(a) any person or property, including the new bridge, any vessel and any person using, working on, or intending to use or work on the new bridge or aboard any vessel passing the new bridge; or

(b) the environment.

(12) In this article—

“Great Yarmouth Port Company” means Great Yarmouth Port Company Ltd (company number 05971330) of Maritime Centre, Port of Liverpool, Liverpool, L21 1LA;

“the minimum period” means—21 days in the case of a closure of the entire width of the river Yare;14 days in the case of a partial reduction in the width of the river Yare.

Removal of vessels

24

(1) If it appears to the undertaker necessary or convenient to do so for the purposes of the construction or maintenance of the authorised development, or to enable vessels to navigate through the river Yare, it may by written direction require the GYPA to remove from the river Yare any vessel that is—

(a) sunk, stranded or abandoned; or

(b) moored or laid up (whether lawfully or not),

to another place within Great Yarmouth Port where it may without injury to the vessel be moored or laid.

(2) The GYPA must comply with a direction issued by the undertaker under paragraph (1) within such period as is specified in the notice.

(3) Before exercising the powers conferred by paragraph (1), the undertaker must, except in case of emergency—

(a) publish a notice of its intention to do so in Lloyd's List and once in each of 2 successive weeks in a local newspaper published or circulating in the borough of Great Yarmouth;

(b) display notice thereof in a conspicuous position adjacent to the vessel from the date on which the first notice is published in a local newspaper in accordance with sub-paragraph (a) for a period of at least 7 days from the date on which the second notice is published in a local newspaper in accordance with sub-paragraph (a); and

(4) Each notice published or displayed under paragraph (3) must—

(a) specify the vessel and the part of the river Yare to which the notice relates;

(b) state the reason for the undertaker's intention to require the GYPA to remove the specified vessel from the specified part of the river Yare;

(c) specify a date, which must be a date not earlier than one month after the last date on which a notice is published under paragraph (3) by which the specified vessels must be removed from the specified part of the river Yare specified in the notice;

(d) state that if the owner or master of any vessel of the specified description within the specified part of the river Yare does not remove that vessel on or before the date specified in accordance with sub-paragraph (c), the undertaker may direct the GYPA to remove the vessel; and

(e) summarise the effect of paragraph (6) of this article.

(5) The undertaker must pay to the GYPA all costs and expenses reasonably incurred by the GYPA in discharging its duties under this article.

(6) Subject to paragraph (7), the undertaker may recover as a debt from the owner of any vessel removed under this article all costs and expenses incurred by the undertaker in respect of the removal of the vessel, including sums paid to the GYPA under paragraph (5).

(7) Paragraph (6) does not apply where a vessel has been removed without notice in case of emergency.

(8) The undertaker and GYPA may enter into agreements relating to the manner in which the powers of this article are to be exercised.

(9) In this article “emergency” has the meaning assigned to it by article 23(11).

PART 5 — POWERS OF ACQUISITION AND POSSESSION OF LAND

Powers of Acquisition

Compulsory acquisition of land

25

(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or as is incidental to it.

(2) This article is subject to article 28 (compulsory acquisition of rights), article 33 (acquisition of subsoil or airspace etc., only) and article 35 (temporary use of land for constructing the authorised development).

Compulsory acquisition of land – incorporation of the mineral code

26

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated into this Order subject to the modifications that—

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

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

Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily

27

(1) After the end of the period of 5 years beginning with the day on which this Order comes into force—

(a) no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act as modified by article 31 (modification of Part 1 of the 1965 Act); and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 32 (application of the 1981 Act),

in relation to any part of the Order land.

(2) The authority conferred by article 35 (temporary use of land for constructing the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights

28

(1) Subject to the following paragraphs of this article, the undertaker may acquire such rights over the Order land or impose such restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 25 (compulsory acquisition of land), by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 6 (land in which only new rights may be acquired) the undertaker's powers of compulsory acquisition are limited to the acquisition under paragraph (1) of such wayleaves, easements, new rights over the land or the imposition of such restrictive covenants as the undertaker may require for or in connection with the authorised development, or to facilitate it or as is incidental to it, for the purposes specified in column (3) of Schedule 6 in relation to that land.

(3) The power under paragraph (1) to acquire the rights and to impose the restrictive covenants described in Schedule 6 for the benefit of statutory undertakers or for the benefit of any other person—

(a) does not preclude the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 6 as may be required for the benefit of any other statutory undertaker or any other person; and

(b) must not be exercised in a way that precludes the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 6 as are required for the benefit of any other statutory undertaker or any other person.

(4) Subject to section 8 (other provisions as to divided land) of, and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to, the 1965 Act (as substituted by paragraph 97(8) of Schedule 7 (modification of compensation and compulsory purchase enactments for the creation of new rights)), where the undertaker acquires a right over land or the benefit of a restrictive covenant under paragraph (1) or (2) the undertaker is not required to acquire a greater interest in that land.

(5) Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Private rights over land

29

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

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

(b) on the date of entry onto land by the undertaker under section 11(1) (powers of entry) of the 1965 Act; or

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—

(a) from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement;

(b) on the date of entry onto land by the undertaker under section 11(1) of the 1965 Act; or

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over any part of the Order land that is vested in or acquired by the undertaker are extinguished on the commencement of any activity authorised by this Order which interferes with or breaches those rights.

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

(5) Any person who suffers loss by the extinguishment or suspension of any private right or by the imposition of any restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 37 (statutory undertakers and utilities) applies.

(7) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition of the rights or the imposition of the restrictive covenants over or affecting the land;

(ii) the undertaker's appropriation of it;

(iii) the undertaker's entry onto it; or

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

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

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

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

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

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

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

(9) References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Power to override easements and other rights

30

(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, regardless of whether it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of contract.

(2) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract.

(3) Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the construction of works on or use of land acquired under that Act.

(4) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (3); and

(b) fails to discharge that liability,

the liability is enforceable against the undertaker.

(5) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.

(6) In this article “authorised activity” means—

(a) the erection, construction or maintenance of any part of the authorised development;

(b) the exercise of any power authorised by this Order; or

(c) the use of any land as is required for the authorised development, or to facilitate it, or as is incidental to it (including the temporary use of land).

Modification of Part 1 of the 1965 Act

31

(1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “ section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 27 (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily) of the Great Yarmouth Third River Crossing Development Consent Order 2020 ”.

(3) In section 11A (powers of entry: further notice of entry)—

(a) in subsection (1)(a) after “land” insert “ under that provision ”; and

(b) in subsection (2) after “land” insert “ under that provision ”.

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “ article 27 (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily) of the Great Yarmouth Third River Crossing Development Consent Order 2020 ”.

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 33(4) (acquisition of subsoil or airspace etc., only) of the Great Yarmouth Third River Crossing Development Consent Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule

; and

(b) after paragraph 29, insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under articles 21 (protective works to buildings), 22 (authority to survey and investigate land), 35 (temporary use of land for constructing the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the Great Yarmouth Third River Crossing Development Consent Order 2020.

Application of the 1981 Act

32

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act) for subsection (2) substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5 (earliest date for execution of declaration) in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A (time limit for general vesting declaration).

(6) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “ section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 27 (time limit for the exercise of powers to possess land temporarily or acquire land compulsorily) of the Great Yarmouth Third River Crossing Development Consent Order 2020 ”.

(7) In section 6 (notices after execution of declaration) in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “ section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008 ”.

(8) In section 7 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

(2) But see article 33(4) (acquisition of subsoil or airspace etc., only) of the Great Yarmouth Third River Crossing Development Consent Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule.

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (as modified by article 31 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace etc., only

33

(1) The undertaker may acquire compulsorily so much of, or such rights over, the subsoil beneath, or the surface of, or the airspace above, the land referred to in paragraph (1) of article 25 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 8 (land in which only airspace and new rights may be acquired) the undertaker's powers of compulsory acquisition under article 25 (compulsory acquisition of land) are limited to—

(a) the acquisition of such airspace; and

(b) the acquisition of such easements or other new rights and the imposition of such restrictive covenants over the airspace and the surface of the land,

as the undertaker may require for or in connection with the authorised development.

(3) Where the undertaker acquires any part of, or rights over, the subsoil beneath, or the surface of, or the airspace over land referred to in paragraphs (1) or (2), the undertaker is not required to acquire an interest in any other part of the land.

(4) The following do not apply in connection with the exercise of the powers under paragraphs (1) and (2) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 31 (modification of Part 1 of the 1965 Act);

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(5) Paragraphs (3) and (4) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

(6) References in paragraph (2)(a) to airspace are references to the airspace lying at and above the heights specified in column (3) of Schedule 8, which are heights above Ordnance Datum and references in paragraph (2)(b) to airspace are references to the airspace lying below the airspace referenced in paragraph (2)(a).

Rights over or under streets

34

(1) The undertaker may enter on, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development or to facilitate it or as is incidental to it.

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

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

(a) any subway or underground building; or

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

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person's interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

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

Temporary possession of land

Temporary use of land for constructing the authorised development

35

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

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