The Great Yarmouth Third River Crossing Development Consent Order 2020

• (b) particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence;

• (c) the time by which and the manner in which the fixed penalty must be paid, including any telephone number to be used for payments by credit or debit card and details of any electronic payment facility; and

• (d) that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

• (5) The amount of the fixed penalty is—

• (a) one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

• (b) one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

• (6) An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, evidence of a residential address in the United Kingdom.

• (7) Payment of the deposit must be made—

• (a) in person to the authorised person by cash, credit card, debit card or other means by which the undertaker accepts payments, if the authorised person has the necessary means to accept payment in that manner;

• (b) by telephone by credit card, debit card or other means by which the undertaker accepts payments by telephone to the number stipulated in the fixed penalty notice for making payments; or

• (c) by an electronic payment facility.

• (8) The undertaker must apply the deposit towards payment of the fixed penalty.

• (9) In any proceedings a certificate which—

• (a) purports to be signed on behalf an officer of the undertaker appointed under section 151 (financial administration) of the Local Government Act 1972; and

• (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

• (10) In this article—

• “app” means a software application for use on an electronic device which—enables payments to be made by credit card, debit card or other means by which the undertaker accepts electronic payments; andwhich is provided to the public by the undertaker for that purpose;

• “credit card” means a card or similar thing issued to any person, use of which enables the holder to defer payment by the holder of a sum due under this article;

• “debit card” means a card or similar thing issued by any person, use of which enables the holder to cause a sum due under this article to be paid by the electronic transfer of funds from any account of the holder at a bank or other institution providing banking facilities;

• “electronic payment facility” means an app, an internet payment facility and any other means by which the undertaker accepts payments due under this article by electronic means;

• “fixed penalty notice” means a notice offering the opportunity of the discharge of liability to conviction of an offence under byelaws made under article 51(1) or vessel byelaws;

• “internet payment facility” means a facility provided by a website maintained by the undertaker or on its behalf which enables payments to be made by credit card, debit card or other means by which the undertaker accepts electronic payments; and

• “vessel byelaws” has the meaning assigned to it by article 51(15).

PART 7 — MISCELLANEOUS AND GENERAL

Felling or lopping of trees

53

• (1) The undertaker may fell or lop any tree or shrub near, within or overhanging any part of the authorised development, or cut back its roots, if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, operation or maintenance of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to other persons using the authorised development.

• (2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

• (3) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Trees subject to tree preservation order or within conservation area

54

• (1) The undertaker may fell or lop any tree described in columns (1) and (2) of Schedule 12 (trees subject to tree preservation orders and within conservation areas), cut back its roots or undertake such other works described in column (3) of that Schedule, if it reasonably believes it to be necessary to do so to prevent the tree—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to persons using the authorised development.

• (2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity.

• (3) Where works to a tree are authorised by paragraph (1) and a tree preservation order is in force in relation to that tree—

• (a) written consent for the works is deemed to have been granted by a local planning authority having functions under the order;

• (b) the duty imposed by section 206(1) (replacement of trees) of the 1990 Act does not apply; and

• (c) for the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967 , any felling comprised in the works is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.

• (4) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

Removal of human remains

55

• (1) In this article “the specified land” means any land within the Order limits.

• (2) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

• (3) Subject to paragraph (12), before any such remains are removed from the specified land the undertaker must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—

• (a) publishing a notice once in each of 2 successive weeks in a newspaper circulating in the area of the specified land; and

• (b) displaying a notice in a conspicuous place at or near to the location of the human remains.

• (4) As soon as reasonably practicable after the first publication of a notice under paragraph (3), the undertaker must send a copy of the notice to Great Yarmouth Borough Council.

• (5) At any time within 56 days after the first publication of a notice under paragraph (3), any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person's intention to undertake the removal of the remains.

• (6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

• (a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

• (b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

• (7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who is to remove the remains and as to the payment of the costs of the application.

• (8) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

• (9) If—

• (a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land;

• (b) such notice is given and no application is made under paragraph (7) within 56 days after the giving of the notice by the person who gave the notice fails to remove the remains within a further period of 56 days;

• (c) within 56 days after any order is made by the county court under paragraph (7) any person, other than the undertaker, specified in the order fails to remove the remains; or

• (d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose and, so far as possible, remains from individual graves must be re-interred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

• (10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

• (11) On the re-interment or cremation of any remains under this article—

• (a) a certificate of re-interment or cremation must be sent to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

• (b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) must be sent by the undertaker to Great Yarmouth Borough Council.

• (12) No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied—

• (a) that the remains were interred more than 100 years ago; and

• (b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

• (13) In the case of remains in relation to which paragraph (12) applies, the undertaker—

• (a) may remove the remains;

• (b) must apply for directions from the Secretary of State under paragraph (15) as to their subsequent treatment; and

• (c) must deal with the remains in such manner, and subject to such conditions, as the Secretary of State directs.

• (14) In this article—

• (a) references to a relative of the deceased are to a person who—

• (i) is a husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased; or

• (ii) is, or is a child of, a brother, sister, uncle or aunt of the deceased.

• (b) references to a personal representative of the deceased are to a person or persons who—

• (i) is the lawful executor of the estate of the deceased; or

• (ii) is the lawful administrator of the estate of the deceased.

• (15) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State.

• (16) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

• (17) Section 25 (bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State) of the Burial Act 1857 is not to apply to a removal carried out in accordance with this article.

• (18) Section 239 (use and development of burial grounds) of the 1990 Act applies in relation to any land or right over land acquired for the purposes of the authorised development (whether or not by agreement) and to the temporary use of land under articles 35 (temporary use of land for constructing the authorised development) or 36 (temporary use of land for maintaining the authorised development), as if—

• (a) the reference to a relevant acquisition or appropriation in section 239(1) was a reference to acquisition for the purposes of the authorised development (whether or not by agreement) or temporary use under articles 35 or 36;

• (b) the reference in section 239(1)(b) to use by any person in any manner in accordance with planning permission was a reference to use by the undertaker in any manner in accordance with the provisions of this Order; and

• (c) the reference to prescribed requirements in section 239(2) was a reference to the requirements of paragraphs (2) to (16) of this article.

• (19) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950 do not apply to the authorised development.

Deemed marine licence

56

The undertaker is deemed to have been granted a marine licence under Part 4 (marine licensing) of the 2009 Act to carry out the licensable marine activities specified in Part 1 of Schedule 13 (deemed marine licence), subject to the conditions set out in Part 2 of that Schedule (which are deemed to have been attached to the licence under Part 4 of the 2009 Act).

Application of landlord and tenant law

57

• (1) This article applies to—

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

• (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person's use.

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

• (3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

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

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

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

Operational land for purposes of the 1990 Act

58

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

Planning permission

59

If planning permission is granted under the 1990 Act after this Order comes into force for development which is wholly, or partly within, the Order limits and—

• (a) is not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or

• (b) is required to complete or enable the use or operation of any part of the authorised development,

then the construction, use or operation of such development under the terms of the planning permission does not constitute a breach of the terms of this Order.

Undertaker's highway, road traffic and planning functions

60

Except as expressly provided, nothing in this Order is to prejudice the rights, powers and duties of the undertaker under the 1980 Act, the 1984 Act, the 1990 Act and the 1991 Act in relation to the highways constructed as part of the authorised development.

Defence to proceedings in respect of statutory nuisance

61

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

• (a) the defendant shows that the nuisance—

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

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

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

• (2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

62

Schedule 14 (protective provisions) has effect.

Saving for Trinity House

63

Nothing in this Order prejudices or derogates from any of the rights, duties, or privileges of Trinity House.

Certification of plans, etc.

64

• (1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 15 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

• (2) Where any plan or document set out in Schedule 15 (documents to be certified) requires to be amended to reflect the terms of the Secretary of State's decision to make this Order, that plan or document in the form amended to the Secretary of State's satisfaction is the version of the document required to be submitted for certification under paragraph (1).

• (3) A plan or document certified in accordance with paragraphs (1) and (2) is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

• (4) The undertaker must, following certification of the plans and documents in accordance with paragraphs (1) and (2), make those plans and documents available in electronic form for inspection by members of the public for a period of at least 5 years commencing with the date of certification.

Service of notices

65

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

• (a) by post;

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

• (c) with the consent of the recipient and subject to paragraphs (6) to (9) by electronic transmission.

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

• (3) Where the person on whom a notice or other document to be served for the purposes of this Order is a partnership, the notice or document is duly served if it is served on a partner or a person who has the control or management of the partnership business.

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

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

• (b) in the case of a partner of a partnership or a person having the control or management of the partnership business, the address of the principal office of the partnership; and

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

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

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

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

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

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

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

• (c) the notice or document is legible in all material respects; and

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

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

• (8) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (9).

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

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

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

• (10) This article does not exclude the employment of any method of service not expressly provided for by it.

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

Consents, agreements and approvals

66

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

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

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

• (4) In this article—

• “application” means an application or request for any consent, agreement or approval required or contemplated by articles 10 (street works), 12 (construction and maintenance of new, altered or diverted streets and other structures), 15 (temporary stopping up and restriction of use of streets), 16 (access to works), 20 (discharge of water) and 22 (authority to survey and investigate land); and

• “relevant authority” means the authority or other person by whom the application is to be determined.

Arbitration

67

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

• (2) Paragraph (1) does not apply to any decision, difference, determination, approval or permission required by or under any provision of the deemed marine licence in Schedule 13.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the County of Norfolk and the Borough of Great Yarmouth, a development which, in accordance with a direction made by the Secretary of State for Transport on 26th February 2018 under section 35¹⁰⁶ (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)¹⁰⁷ (development for which development consent may be granted) of the 2008 Act, comprising—

Work No. 1– shown on sheet 1 of the works plans and being improvements to the existing A47(T) Great Yarmouth Bypass trunk road at Harfrey’s roundabout to facilitate the tie in of Work No. 2 to the existing highway network, including carriageway and footway realignment, modifications to traffic signs and road markings, and ecological mitigation works.

Work No. 2 – as shown on sheet 1 of the works plans and being the construction of new highway, replacing part of Queen Anne’s Road, William Adams Way and Suffolk Road, comprising—

• (a) the construction of a new roundabout connecting William Adams Way, Queen Anne’s Road, Suffolk Road and the new highway comprising Work No. 8A;

• (b) the improvement of William Adams Way, Queen Anne’s Road and Suffolk Road, including carriageway realignment, to facilitate connections of these roads to the new roundabout;

• (c) the construction of pile-supported concrete slabs, embankments, retaining walls and culverts supporting the new highway;

• (d) the provision of a traffic signal-controlled crossing for pedestrians and cyclists on Suffolk Road, north of the new roundabout described in (a) above;

• (e) the provision of a site compound on land between those lengths of William Adams Way and Queen Anne’s Road within Work No. 2, including site offices, welfare facilities, parking provisions and storage of plant and materials;

• (f) the provision of footways and cycle tracks; and

• (g) the provision of landscaping.

Work No. 3 – as shown on sheet 1 of the works plans and comprising works to existing drainage infrastructure to the north of Queen Anne’s Road, between the A47 (T) Great Yarmouth Bypass and Suffolk Road and the provision of private means of access as shown on sheet 1 of the street plans.

Work No. 4 – as shown on sheet 1 of the works plans and comprising—

• (a) the improvement of the existing William Adams Way highway between Work No. 2 and the junction of William Adams Way with Southtown Road, including the provision of footways and cycle tracks;

• (b) the removal of an existing footbridge across William Adams Way, including associated ramps;

• (c) the provision of a traffic signal-controlled crossing for pedestrians and cyclists on William Adams Way, south-east of the roundabout described in Work No. 2;

• (d) works to existing drainage infrastructure adjoining the realigned William Adams Way;

• (e) the construction of pile-supported concrete slabs and embankments where necessary to support the improved highway referred to in paragraph (h) above;

• (f) the provision of a private means of access as shown on sheet 1 of the street plans; and

• (g) the provision of landscaping.

Work No. 5 – as shown on sheet 1 of the works plans and comprising—

• (a) Work No. 5A – Southtown Road—

• (i) the improvement of existing highway, including the provision of a pedestrian crossing;

• (ii) the provision of a turning facility for cyclists to facilitate turning into Cromwell Road;

• (iii) the provision of a bus waiting facility and associated works;

• (iv) the provision of a private means of access, as shown on sheet 1 of the street plans; and

• (v) the alteration of traffic signs.

• (b) Work No. 5B – Queen Anne’s Road—

• (i) the improvement of existing highway including realignment and alteration of traffic signs at the junction of Queen Anne’s Road with Southtown Road to permit usage by vehicular traffic;

• (ii) the construction of a new turning head and associated works;

• (iii) the provision of private means of access as shown on sheet 1 of the street plans; and

• (iv) the provision of landscaping.

• (c) Work No. 5C – Cromwell Road—

• (i) the improvement of existing highway, including the provision of new parking bays (one of which is to be a disabled parking bay);

• (ii) the construction of an electricity sub-station, including any enclosing structures and connections, and a private means of access as shown on sheet 1 of the street plans; and

• (iii) the provision of landscaping.

• (d) Work No. 5D – Land at Cromwell Court—

• (i) the provision of turning facilities and parking.

Work No. 6 – as shown on sheet 1 of the works plans and comprising—

• (a) Work No. 6A – Bollard Quay and west bank of the river Yare—

• (i) the provision of public realm facilities;

• (ii) the provision of vessel waiting facilities adjacent to the west bank of the river Yare;

• (iii) the construction of part of a flood defence wall, to be incorporated within a flood defence scheme proposed to be undertaken by the Environment Agency;

• (iv) the construction of vessel impact protection systems within the watercourse; and

• (v) works within the watercourse to support the vessel impact protection systems, including—

• (aa) the construction of piles and pile caps; and

• (bb) the provision and capping of backfill material.

• (b) Work No. 6B — East bank of the river Yare—

• (i) the construction of vessel impact protection systems within the watercourse; and works within the watercourse to support the vessel impact protection systems, including—

• (aa) the construction of piles and pile caps; and

• (bb) the provision and capping of backfill material.

Work No. 7 – as shown on sheet 1 of the works plans and comprising the following works to serve the new bridge—

• (a) Work No. 7A – West bank of the river Yare—

• (i) the construction of a control tower, including all necessary access, apparatus and connecting services.

• (b) Work No. 7B – East bank of the river Yare—

• (i) the construction of a plant room, including all necessary access, apparatus and connecting services.

Work No. 8 – as shown on sheets 1 and 2 of the works plans and being the construction of new highway, comprising—

• (a) Work No. 8A – river Yare bridge western approach—

• (i) the construction of a new highway to connect the new roundabout described in Work No. 2 and the new river Yare bridge described in Work No. 8B;

• (ii) the construction of pile-supported concrete slabs and embankments supporting the new highway;

• (iii) the construction of retaining walls supporting the new highway;

• (iv) the construction of a bridge deck over Southtown Road, over which the new highway passes;

• (v) the construction of abutments supporting the new bridge deck described in sub-paragraph (iv) above;

• (vi) the construction of piles and pile caps supporting the abutments described in sub-paragraph (v) above;

• (vii) the provision of a traffic signal-controlled crossing for pedestrians and cyclists;

• (viii) the provision of footways and cycle tracks; and

• (ix) the provision of landscaping.

• (b) Work No. 8B – river Yare bridge—

• (i) the construction over the watercourse and adjacent land, of a bridge deck carrying the new carriageway, footways and cycle track;

• (ii) the construction of an opening section of bridge deck and associated barriers and signage;

• (iii) the construction, within and adjacent to the watercourse, of bascule abutments and other structures and facilities to support the bridge deck and enable the operation of the opening section described in sub-paragraph (ii) above;

• (iv) the construction of vessel impact protection systems within the watercourse;

• (v) works within and adjacent to the watercourse to support the works described in sub-paragraphs (iii) and (iv) including—

• (aa) the construction of piles and pile caps; and

• (bb) the provision and capping of backfill material;

• (vi) apparatus for the mechanical, electrical, instrumentation, control and automation systems of the bridge; and

• (vii) the construction of access stairs.

• (c) Work No. 8C – river Yare bridge eastern approach—

• (i) the construction of a new highway to connect the new junction comprising part of Work No. 9 with the river Yare bridge described in Work No. 8B;

• (ii) the construction of pile-supported concrete slabs and embankments supporting the new highway;

• (iii) the construction of retaining walls supporting the new highway;

• (iv) the construction of a bridge deck to enable the new highway to pass over a new private means of access, as shown on sheet 2 of the street plans;

• (v) the construction of abutments supporting the bridge deck described in sub-paragraph (iv) above;

• (vi) the construction of piles and pile caps supporting the abutments described in sub-paragraph (v) above;

• (vii) the provision of a traffic signal-controlled crossing for pedestrians and cyclists;

• (viii) the provision of footways and cycle tracks; and

• (ix) the provision of landscaping.

Work No. 9 – as shown on sheet 2 of the works plans and comprising—

• (a) the improvement of the existing A1243 South Denes Road and Southgates Road, including the construction of a new traffic signal-controlled junction with the new highway comprising Work No. 8C;

• (b) the construction of embankments supporting the improved highway referred to in sub- paragraph (z) above;

• (c) the provision of private means of access to facilitate maintenance of the new highway comprised in Work Nos. 8B and 8C and to facilitate access to land to the west of South Denes Road and Southgates Road, as shown on sheet 2 of the street plans;

• (d) works to enable that part of Fish Wharf, perpendicular to South Denes Road, between Sutton Road and Swanston’s Road, to be replaced with a private means of access, shown on sheet 2 of the street plans, that only permits left-turn manoeuvres onto South Denes Road;

• (e) works to enable that part of Fish Wharf, parallel to South Denes Road, between Sutton Road and Swanston’s Road, to become part of the adjacent landowner’s property;

• (f) the provision of a site compound on land west of South Denes Road and north of Work No. 8C, including site offices, welfare facilities, parking provisions and storage of plant and materials;

• (g) the construction of an electricity sub-station, including any enclosing structures and connections and private means of access as shown on sheet 2 of the street plans; and

• (h) the provision of landscaping.

Work No. 10 – as shown on sheet 2 of the works plans and comprising—

• (a) the improvement of Sutton Road, including carriageway and footway surfacing works and the alteration of traffic signs to facilitate a change of direction of operation of the one-way system to an easterly direction;

• (b) the improvement of Swanston’s Road, including the alteration of traffic signs to facilitate a change of direction of operation of the one-way system to a westerly direction;

• (c) the improvement of Middle Road West, including the alteration of traffic signs to reflect a change of direction of operation of the one-way systems on Sutton Road and Swanston’s Road;

• (d) the improvement of Middle Road East, including the alteration of traffic signs to reflect a change of direction of operation of the one-way systems on Sutton Road and Swanston’s Road;

• (e) the improvement of Admiralty Road, including the alteration of traffic signs to reflect a change of direction of operation of the one-way systems on Sutton Road and Swanston’s Road.

Work No. 11 – as shown on sheet 1 of the works plans and comprising the provision of new allotments on land north of Queen Anne’s Road, including the provision of sheds and fencing.

Work No. 12 – mitigation and accommodation works for the benefit of Great Yarmouth and Waveney Mind at the locations shown on sheet 1 of the works plans.

Work No. 13 – as shown on sheets 3, 4, 5, 6 and 7 of the works plans and being the installation of a variable message sign to facilitate the operation of the new and improved highway in each of the following locations—

• (a) Work No. 13A – A47 (T) Great Yarmouth Bypass (as shown on sheet 3 of the works plans);

• (b) Work No. 13B – Gapton Hall Road (as shown on sheet 4 of the works plans);

• (c) Work No. 13C – B1141 Yarmouth Way (as shown on sheet 5 of the works plans);

• (d) Work No. 13D – North Quay (as shown on sheet 6 of the works plans);

• (e) Work No. 13E – Fuller’s Hill (as shown on sheet 6 of the works plans); and

• (f) Work No. 13F – A47 (T) Acle New Road (as shown on sheet 7 of the works plans).

And for the purposes of or in connection with the construction, operation or maintenance of any of the works and other development mentioned above, ancillary or related development which does not give rise to any effects on the environment which are materially new or materially different from those assessed in the environmental statement, consisting of—

works within streets, including—

• (a) works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

• (b) relocation, provision or replacement of signs, markings and street lighting; and

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

works within the river Yare (to the extent they are situated within the Order limits) to—

• (d) alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure;

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

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

• (g) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995¹⁰⁸ obtained in carrying out any operations comprised in (vv), (ww) or (xx));

• (h) remove temporarily, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river Yare;

• (i) construct, place and maintain works and structures including piled vessel impact protection systems, protection piles and cofferdams; and

• (j) provide lighting, signage and aids to navigation; and

other works—

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

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

• (m) to provide or alter ramps, steps, footpaths, footways, cycle tracks, non-motorised user routes or links, and crossing facilities;

• (n) to provide or alter embankments, aprons, abutments, shafts, foundations, retaining walls, drainage works, outfalls, pollution control devices, pumping stations, culverts, wing walls, fire suppression system water tanks and associated plant and equipment, highway lighting and fencing;

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

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

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

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

• (s) for the preparation or clearance of the site of any of the works (including fencing and other boundary treatments, vegetation removal, works of demolition, including demolition of existing structures, and the creation of alternative highways) and the provision or alteration of earthworks (including soil stripping and storage and site levelling);

• (t) to provide construction and service compounds and working sites, haulage roads, temporary buildings and apparatus, plant and equipment rooms, storage areas (including storage of spoil and other materials), temporary vehicle parking, construction fencing, perimeter enclosures, security fencing, and construction lighting and other buildings, machinery, apparatus and works and conveniences;

• (u) to provide offices, staff mess rooms, welfare facilities and other ancillary or administrative accommodation and conveniences;

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

• (w) of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

• (1) In this Schedule the following expressions have the following meanings—

• “the archaeological written scheme of investigation” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the archaeological written scheme of investigation for the purposes of this Order;

• “the code of construction practice” means a code of construction practice approved under paragraph 73 of this Schedule;

• “the county planning authority” means Norfolk County Council in its capacity as county planning authority for the county of Norfolk under section 1(1)(a) (local planning authorities: general) of the 1990 Act;

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

• “the IDB” means the Waveney, Lower Yare and Lothingland Internal Drainage Board;

• “the lead local flood authority” means Norfolk County Council in its capacity as lead local flood authority under section 6(7) (other definitions) of the Flood and Water Management Act 2010 ;

• “the outline code of construction practice” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the outline code of construction practice for the purposes of this Order;

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

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

• “the preliminary navigation risk assessment” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the preliminary navigation risk assessment for the purposes of this Order.

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date that this Order comes into force.

Commencement of the authorised development

3

Notice of commencement of the authorised development must be given to the county planning authority in writing within 7 days of the date that the authorised development is commenced.

Design of the authorised development

4

The authorised development must be designed and implemented in general accordance with—

• (a) the general arrangement plan; and

• (b) the approach to detailed design.

Detailed design of specified structures

5

Construction of each part of the authorised development specified in column (1) of the table below must not commence until the details of the elements specified in relation to that part in column (2) of that table have been submitted to, and following consultation with Great Yarmouth Borough Council, approved in writing by the county planning authority.

Code of construction practice

6

• (1) No part of the authorised development is to commence until a code of construction practice for that part of the authorised development has been submitted to and, following consultation with Great Yarmouth Borough Council, the lead local flood authority, the IDB and the Environment Agency, approved in writing by the county planning authority.

• (2) Any submitted code of construction practice must include the following plans and statements—

• (a) an arboricultural method statement;

• (b) a construction traffic management plan;

• (c) a flood management plan;

• (d) a materials management plan (or equivalent);

• (e) a site waste management plan; and

• (f) a workforce travel plan.

• (3) Any code of construction practice submitted under sub-paragraph (1) must be in accordance with the outline code of construction practice.

• (4) Any part of the authorised development must be carried out in accordance with the relevant code of construction practice approved under sub-paragraph (1) for that part.

Landscaping and ecological management plan

7

• (1) No part of the authorised development is to commence until a written landscaping and ecological management plan for that part has been submitted to and, following consultation with Great Yarmouth Borough Council and Natural England, approved in writing by the county planning authority.

• (2) Any landscaping and ecological management plan prepared under sub-paragraph (1) must—

• (a) be based on the mitigation measures included in the environmental statement;

• (b) not give rise to any materially new or materially different environmental effects than those assessed in the environmental statement;

• (c) be in general accordance with the approach to detailed design;

• (d) be in general accordance with the landscaping plans; and

• (e) include the details listed in sub-paragraph (3).

• (3) The details referred to in sub-paragraph (2) are—

• (a) details of proposed hard and soft landscaping works, including location, species, size and planting density of any proposed planting;

• (b) details of proposed boundary treatments;

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

• (d) proposed finished ground levels;

• (e) hard surfacing materials;

• (f) any ecological mitigation areas;

• (g) details of any existing trees, hedges and shrubs to be retained

• (h) implementation timetables for the landscaping and ecological management works; and

• (i) details of the maintenance regime for the landscaping and ecological management works, which must—

• (i) provide for maintenance for a period of 15 years commencing with the date of completion of the relevant landscaping and ecological management works; and

• (ii) include measures for the replacement in the first available planting season, of any tree or shrub planted as part of that landscaping and ecological management plan which, within the period referred to in paragraph (i), dies, becomes seriously diseased or is seriously damaged.

• (4) All landscaping works must be carried out and maintained in accordance with the relevant landscaping scheme approved under sub-paragraph (1) for that part.

Existing trees and hedgerows

8

• (1) All hedges and trees forming part of the boundary of the Order land or situated within it and which are shown to be retained in the landscaping scheme approved under paragraph 74 must be protected from any damage during the construction of the authorised development in accordance with British Standard BS5837 (2012) ‘Trees in relation to design, demolition and construction’.

• (2) If any hedge or tree protected under sub-paragraph (1) is removed, uprooted, destroyed or damaged during the construction of the authorised development it must be replaced in the first available planting season and afterwards maintained for a period of 5 years.

• (3) No felling, lopping or removal of hedges or trees (“the relevant activity”) is to take place during the bird nesting season unless a written report concerning the relevant activity by a suitably qualified ecologist has been provided to and approved by the county planning authority. The recommendations of the ecologist as set out in the report must be complied with in carrying out the relevant activity.

Contamination

9

• (1) In the event that contaminated materials are found at any time when carrying out the authorised development which have not been identified and addressed in a code of construction practice—

• (a) work in the location affected by such contamination must immediately stop;

• (b) the contamination must be notified in writing to the county planning authority, Great Yarmouth Borough Council and the Environment Agency; and

• (c) the undertaker must complete a risk assessment of the contamination.

• (2) Following a notification under sub-paragraph (1), where the county planning authority determines that remediation is necessary, a written scheme and programme for the remedial measures necessary to render the land fit for its intended purpose (including a timetable), must be submitted to and, following consultation with Great Yarmouth Borough Council and the Environment Agency, approved in writing by the county planning authority and afterwards carried out.

Emergency Preparedness and Response Plan

10

• (1) No part of the authorised development is to be opened to the public until an emergency preparedness and response plan has been submitted to and, following consultation with Great Yarmouth Borough Council, the lead local flood authority, Norfolk Fire and Rescue, Norfolk Constabulary and the Environment Agency, approved in writing by the county planning authority.

• (2) The submitted emergency preparedness and response plan must include provision as to the actions and measures to be taken in relation to the authorised development to prepare for and respond to the following emergencies—

• (a) a flood event;

• (b) a fire event; and

• (c) an incident involving terrorism or other substantial threat to security.

• (3) Unless otherwise agreed in writing with the county planning authority following consultation with the Environment Agency, an application for the approval of the emergency preparedness and response plan must be accompanied by a summary report of an analysis of the residual tidal flood risk arising from a breach of flood defences, prepared with regard to recognised guidance.

• (4) The parts of the emergency preparedness and response plan prepared to respond to a flood event must be prepared, so far as is relevant, with regard to the analysis of residual flood risk referred to in sub-paragraph (3) and be accompanied by a statement explaining the regard that has been had to the results of that analysis.

• (5) The approved plan must be implemented in full.

Surface water drainage

11

• (1) No part of the authorised development which comprises any part of a surface water drainage system is to commence until written details of that surface water drainage system, including measures for the management of flood risk, for that part has been submitted to and, following consultation with Great Yarmouth Borough Council, the lead local flood authority, Anglian Water (in respect of its sewerage undertaker functions), the Environment Agency and the IDB, approved in writing by the county planning authority.

• (2) The surface water drainage system submitted for approval under sub-paragraph (1) must be in accordance with the drainage strategy and include a timetable for implementation.

• (3) The surface water drainage system must be constructed in accordance with the surface water drainage system approved under sub-paragraph (1) for that part.

Lighting

12

• (1) No part of the authorised development is to commence until a written scheme of the lighting to be provided for that part on opening for public use (except lighting to be provided to the interior of a building) has been submitted to and, following consultation with Great Yarmouth Borough Council, approved in writing by the county planning authority.

• (2) Any written scheme of proposed lighting submitted for approval under sub-paragraph (1) must be in accordance with the lighting report and include a timetable for implementation.

• (3) The part of the authorised development in question must be carried out in accordance with the scheme approved under sub-paragraph (1) for that part and the approved lighting must be maintained thereafter.

• (4) Nothing in this requirement restricts lighting of the authorised development during its construction or as temporarily required for maintenance.

Completion and availability of particular works

13

• (1) The highway comprised in the new bridge and the new bridge western approach must not be opened for public use until the works specified in sub-paragraph (2) have been completed and made available for use.

• (2) The works are—

• (a) the vessel waiting facilities;

• (b) Work No. 11; and

• (c) Work No. 12.

Archaeology

14

• (1) The authorised development must be constructed in accordance with the archaeological written scheme of investigation, including the provisions of any method statement or other document required to be prepared under the terms of the archaeological written scheme of investigation.

• (2) Any archaeological remains not identified in the archaeological written scheme of investigation which are revealed when carrying out the authorised development work (“the revealed remains”) must be retained in situ (subject to sub-paragraphs (3) and (4)) and reported to the county planning authority within 3 working days.

• (3) No construction operations are to take place within 10 metres of the revealed remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the county planning authority.

• (4) If the county planning authority confirm to the undertaker during the 14 day period referred to in sub-paragraph (3) that the revealed remains require further investigation, then no construction operations are to take place within 10 metres of the revealed remains until the revealed remains have been investigated and recorded in accordance with a scheme, which may provide for the removal of the revealed remains (subject to any direction or determination made under article 55 (removal of human remains)), submitted to and approved in writing by the county planning authority.

Preliminary navigation risk assessment

15

The new bridge must be designed, constructed and operated in accordance with section 7 (Additional Mitigation Measures) of the preliminary navigation risk assessment.

Signs at vessel waiting facilities

16

Signs instructing masters of vessels utilising the vessel waiting facilities to switch off the vessel engine whilst the vessel is moored must be provided to the satisfaction of the county planning authority prior to the first use of the vessel waiting facilities and maintained thereafter.

Amendments to approved details

17

• (1) Subject to sub-paragraph (2), where any details, plans or schemes have been approved by the county planning authority under the provisions of any requirement, the county planning authority may at any time if it thinks fit approve amendments to the approved details, plans or schemes and following any further approval by the county planning authority the approved details, plans or schemes include the amendments approved under this requirement.

• (2) In considering any amendment to any details, plans or schemes the county planning authority must consult those persons it would have been required to consult before granting approval initially in relation to the details, plans, or schemes.

Details of consultation

18

With respect to any requirement which requires details to be submitted to the county planning authority for approval under this Schedule following consultation with another party, the details submitted to the county planning authority must be accompanied by a summary report setting out—

• (a) the consultation undertaken by the undertaker pursuant to that requirement to inform the details submitted to the county planning authority for approval; and

• (b) the undertaker's response to that consultation.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

19

• (1) In this Part of this Schedule—

• “the appeal parties” means the discharging authority, the undertaker and any requirement consultees;

• “application” means an application to a discharging authority for a specified consent;

• “discharging authority” means the body responsible for determining an application for a specified consent;

• “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971 ;

• “requirement consultee” means any person named in a requirement which is the subject of an appeal as a person to be consulted by the discharging authority in discharging that requirement; and

• “specified consent” means any consent, agreement or approval—required by—any provision of Part 1 of this Schedule; orany document referred to in such provision; orauthorised by paragraph 84,and includes a consent, agreement or approval discharging a requirement in part only.

Applications made under requirements

20

• (1) Where an application has been made to the relevant discharging authority, the discharging authority must give notice to the undertaker of the discharging authority's decision on the application within—

• (a) a period of 8 weeks beginning with—

• (i) the day immediately following that on which the application is received by the discharging authority; or

• (ii) where, further information has been requested by the discharging authority under paragraph 88, the day immediately following—

• (aa) the day the further information was supplied; or

• (bb) where an appeal has been made by the undertaker under sub-paragraph 89(1)(d) or (e) and the appeal is allowed, the day on which the appeal was determined by the Secretary of State; or

• (cc) where an appeal has been made by the undertaker under sub-paragraph 89(1)(d) or (e) and the appeal is dismissed, the day on which the relevant further or additional information is supplied; or

• (b) such longer period as the discharging authority and the undertaker may agree in writing.

• (2) Subject to sub-paragraph (3), in determining an application for a specified consent, the discharging authority may—

• (a) grant the specified consent, either unconditionally or subject to reasonable conditions; or

• (b) refuse the specified consent,

and where the specified consent, agreement or approval is refused or granted subject to conditions, the discharging authority must provide reasons for the refusal or (as the case may be) conditions in the notice of its decision with the notice of the decision.

• (3) In the event that the discharging authority does not give notice of its decision within the period set out in sub-paragraph (1), the discharging authority is taken to have granted the specified consent sought by the application without any condition or qualification at the end of that period.

Further information relating to application

21

• (1) A discharging authority in receipt of an application for a specified consent may request the undertaker to provide such further information as is reasonably necessary to enable the discharging authority to consider the application.

• (2) A request to provide further information under sub-paragraph (1) must be made within 28 days of receipt of the application by the discharging authority.

• (3) A discharging authority may request further information under sub-paragraph (1) on more than one occasion provided that all such requirements are made within the period specified by sub-paragraph (2).

• (4) If the discharging authority does not request the undertaker to provide further information in accordance with sub-paragraphs (1) to (3), the discharging authority is thereafter deemed to have sufficient information. The undertaker is under no obligation to provide further information to the discharging authority but may do so if the discharging authority so requests.

Appeals

22

• (1) Where the undertaker has made an application for a specified consent to the discharging authority, the undertaker may in writing appeal to the Secretary of State in the event that the discharging authority—

• (a) refuses the application;

• (b) grants the specified consent subject to conditions;

• (c) has not given notice to the undertaker of the discharging authority's decision on the expiry of the applicable period specified by paragraph 87(1);

• (d) requests the undertaker to provide further information in accordance with paragraph 88(1) and the undertaker considers that provision of any of the required information is not necessary to determination of the application;

• (e) has—

• (i) received further information from the undertaker in response to a request made under paragraph 88(1);

• (ii) notified the undertaker that information provided is inadequate; and

• (iii) requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) An appeal made under sub-paragraph (1)(a), (b), (d) or (e), must be made within 42 days of the date of the notice of the relevant decision or (as the case may be) request.

• (3) An appeal made under sub-paragraph (1)(c) must be made within 42 days of the expiry of the applicable period specified by paragraph 87(1).

• (4) The appeal process is as follows:

• (a) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and the requirement consultees;

• (b) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person's attention should be sent;

• (c) the discharging authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under sub-paragraph (b) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (d) the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations under sub-paragraph (c);

• (e) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

• (5) The appointment of the person under sub-paragraph (4)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (6) If the appointed person considers that further information is necessary to enable consideration of the appeal, the appointed person must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (7) Any further information required under sub-paragraph (6) is to be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.

• (8) The appointed person may at any time extend any deadline specified in this Part of this Schedule.

• (9) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the appeal as if the relevant application had been made to the appointed person in the first instance.

• (10) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed by this Part of this Schedule, or as extended by the appointed person under sub-paragraph (8).

• (11) The appointed person may proceed to a decision even though no written representations have been made within the prescribed time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (12) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (13) If an approval is given by the appointed person under this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person's determination.

• (14) Except where a direction is given under sub-paragraph (15) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the undertaker.

• (15) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to any relevant provision of the Planning Practice Guidance as from time to time published by the Ministry of Housing, Communities and Local Government or any circular or guidance which may from time to time replace it.

PART 3 — SUPPLEMENTARY PROVISIONS

Publication of requirements

23