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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

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(2) The bridge is to be operated 24 hours a day, 365 days a year, opening upon request, subject to and in accordance with the provisions of this Schedule, for all marine traffic transiting the river Yare in the waters of the port.

(3) With the exception of a specified event, or in the circumstances detailed at sub-paragraph (8) and paragraph 107, the bridge is to be opened in sufficient time to allow the safe and unhindered passage of a vessel through the bridge.

(4) The undertaker is to ensure the bridge is manned and operated safely, by suitably qualified and experienced personnel at all times, in accordance with the prevailing applicable legislation.

(5) The undertaker is to provide suitable marine VHF radio equipment to monitor the port operational frequency to monitor and respond to Port Control, Vessels within the port, as well as maintaining an understanding of the flow of traffic and any developing marine emergencies.

(6) The undertaker is to provide, publicly promote, and constantly monitor the communications facilities for the purposes of receiving opening requests and opening request revisions.

(7) The undertaker is to cause and ensure that the bridge—

(a) is fully opened and in a safe condition for transit by a vessel by the time given in that vessel's opening request or (as the case may be) revised opening request; and

(b) remains open for the duration of the vessel's transit until the vessel is past and clear and it is safe to close.

(8) In the event of scheduled maintenance of the bridge structure, road surface, machinery or associated equipment, such that the bridge is unable to open upon request, the undertaker is to provide a minimum of 14 days notice, in writing, to GYPA stating the following;

(a) start date and time of the scheduled maintenance;

(b) duration the bridge will be out of operation; and

Opening requests

3

(1) The following provisions of this paragraph apply to the master, owner, agent, pilot or operator of vessels wishing to transit the bridge (and accordingly such persons must comply with any obligation expressed by reference to a vessel).

(2) Any vessel wishing to transit the bridge must provide an opening request containing the following information no later than 120 minutes (2 hours) prior to the required opening time—

(a) the name of the vessel requesting passage;

(b) the required opening time;

(d) the presence of any superstructure, cargo, or structure which overhangs the designed beam of the vessel requesting passage;

(e) the air draft of the vessel if this is less than 6 metres; and

(f) for a tug and tow, or vessel being escorted by a tug or tugs;

(i) the names and number of tugs;

(ii) the overall length of the tow;

(iii) the maximum beam of the tow or towed object.

(3) Any vessel must reconfirm the requested opening time with the undertaker no later than 60 minutes (1 hour) prior to the requested opening time.

(4) Opening requests and reconfirmations under sub-paragraph (3) are to be made by the vessel via the communications facilities.

(5) The required opening time given in the opening request is to be that time which the vessel intends to commence its transit of the bridge, either inbound or outbound.

(6) The undertaker must—

(a) acknowledge the opening request, by the same means as it was given, within 10 minutes of receiving the request;

(b) provide a confirmation of approval or refusal of the requested opening time within 10 minutes of acknowledging the request; and

(i) a reason for refusing the request; and

(ii) except in the case of exceptional circumstances, an alternative time for the vessel to transit the bridge.

(7) Vessels acting as a group and wishing to transit the bridge as a group may request a bridge opening in accordance with paragraph 99 provided that—

(a) the opening request is made by the group leader;

(b) all vessels included in the group are listed in the opening request; and

(c) the number of vessels is such that the anticipated transit time through the bridge from the passage of the first vessel to the passage of the last vessel is no greater than 15 minutes.

Opening request revisions

4

(1) The following provisions of this paragraph apply to the master, owner, agent or operator of vessels wishing to transit the bridge (and accordingly such persons must comply with any obligation expressed by reference to a vessel).

(2) Should a vessel require to revise a previously requested opening time, this must be made by way of an opening request revision complying with the following requirements—

(a) it is made via the communications facilities;

(b) it contains the revised opening time together with the information specified in paragraph 100(2)(a) and (c) to (f);

(d) where it is made through written communications, the first line of text reads “opening request revision”.

(3) The undertaker must—

(a) acknowledge the opening request revision by the same means as it was given, within 10 minutes of receiving the request;

(b) provide a confirmation of approval or refusal of the requested revised opening time within 10 minutes of receipting the request; and

(i) a reason for refusing the request; and

(ii) except in the case of exceptional circumstances, an alternative time for the vessel to transit the bridge.

Vessels inbound

5

(1) The following provisions of this paragraph apply to the master, owner, agent or operator of inbound vessels wishing to transit the bridge (and accordingly such persons must comply with any obligation expressed by reference to a vessel).

(2) Vessels are to request a bridge opening in accordance with paragraph 100.

(3) Vessels entering the port are to conduct a marine VHF call with the undertaker on the port's operational marine VHF channel immediately prior to entering the piers at the mouth of the river Yare, reconfirming the requested opening time of transiting the bridge.

(4) Vessels approaching from below the pilot station, situated at Berth 10, are to conduct a further marine VHF call with the undertaker on the port's operational marine VHF channel on passing abeam of the pilot station.

(5) Vessels departing a berth within the river Yare to the south of the bridge and intending to conduct a transit through the bridge are to conduct a marine VHF call with the undertaker on the port's operational marine VHF channel immediately prior letting go all lines.

Vessels outbound

6

(1) The following provisions of this paragraph apply to the master, owner, agent or operator of outbound vessels wishing to transit the bridge (and accordingly such persons must comply with any obligation expressed by reference to a vessel).

(2) Vessels are to request a bridge opening in accordance with paragraph 100.

(3) Vessels entering the port from Haven Bridge are to conduct a marine VHF call with the bridge control room on the port's operational marine VHF channel immediately prior to passing the Haven Bridge, reconfirming the intended time of transiting the bridge.

(4) Vessels departing a berth within the river Yare to the north of the bridge and intending to conduct a transit through the bridge are to conduct a marine VHF call with the undertaker on the port's operational marine VHF channel immediately prior to letting go all lines.

Large vessels

7

(1) Before any large vessel proposing to transit the bridge enters Great Yarmouth Port—

(a) the harbour master must consider whether any safe alternative manoeuvre for the vessel would be practicable in the event that the bridge does not open to allow the vessel to transit it; and

(b) GYPA will consider whether it is able to arrange a suitable emergency berth for the vessel as part of the pilotage plan for its passage through Great Yarmouth Port.

(2) If, prior to any large vessel proposing to transit the bridge enters Great Yarmouth Port, the harbour master considers under sub-paragraph (1)(a) that no safe alternative manoeuvre would be practicable and GYPA is unable to arrange under sub-paragraph (1)(b) a suitable emergency berth, the undertaker will open the bridge before the vessel enters Great Yarmouth Port.

Recreational vessels

8

(1) The following provisions of this paragraph apply to the master, owner, agent or operator of recreational vessels wishing to transit the bridge (and accordingly such persons must comply with any obligation expressed by reference to a recreational vessel).

(2) Recreational vessels are to request a bridge opening in accordance with paragraph 100.

(3) Except as provided for in sub-paragraph (5), the undertaker is not obliged to make recreational openings upon request but the undertaker must make recreational openings at such times as the undertaker reasonably determines.

(4) In determining times under sub-paragraph (3), the undertaker may exclude peak hours.

(5) The undertaker must make a recreational opening when the vessel waiting facilities are full and another recreational vessel provides an opening request.

(6) Recreational vessels must use the vessel waiting facilities or depart the port when required to wait for the next recreational opening.

(7) Where the bridge has been opened for a vessel, other than a recreational vessel, a recreational vessel may transit the bridge with the undertaker's permission, provided that the transit time through the bridge from the passage of the first vessel to the passage of the last vessel is no greater than 15 minutes.

Emergency vessels

9

(1) The following provisions of this paragraph apply to the master, owner, agent or operator of emergency vessels responding to an emergency and wishing to transit the bridge (and accordingly such persons must comply with any obligation expressed by reference to an emergency vessel).

(2) The provisions of paragraph 3 do not apply to the emergency vessel.

(3) Where possible the emergency vessel must provide as much notice as possible of its required opening of the bridge.

(4) Emergency vessels entering the port from sea and intending to conduct a transit through the bridge are to conduct a marine VHF call with the undertaker on the port's operational marine VHF channel immediately prior to entering the piers at the mouth of the river Yare.

(5) Emergency vessels departing a berth within the river Yare and intending to conduct a transit through the bridge are to conduct a marine VHF call with the undertaker on the port's operational marine VHF channel immediately prior letting go all lines.

(6) Should an emergency vessel request an immediate bridge opening whilst the bridge is already open to conduct a scheduled bridge opening, the undertaker is to ensure the bridge remains open until the emergency vessel has completed its transit and is past and clear.

Exceptions to obligations of undertaker

10

(1) In the event of a specified event, such that the bridge is unable to open upon request, the undertaker is to—

(a) immediately inform the GYPA of the specified event, by the fastest possible means, stating—

(i) the nature of the specified event preventing operation of the bridge; and

(ii) the possible duration the bridge will be out of operation;

(b) immediately inform approaching vessels intending to transit the bridge of the specified event and the need to seek a temporary berth or port departure;

(c) provide regular updates on the specified event to the GYPA, amending the possible duration of the interruption to operations; and

(d) on successful resolution of the specified event inform the GYPA of such and the resumption of routine operations.

(2) Where opening the bridge would be likely to cause danger to—

(a) any person or property, including the bridge;

(b) any vessel;

(d) the environment,

the undertaker is not obliged to open the bridge at any scheduled time but instead must open the bridge at such later time as is reasonable in the circumstances.

(3) Where the circumstances described in sub-paragraph (2) apply and the bridge is unable to be opened on request, the undertaker is to—

(a) immediately inform the GYPA, by the fastest possible means, of—

(i) the reason preventing operation of the bridge; and

(ii) the possible duration the bridge will be out of operation;

(b) immediately inform approaching vessels intending to transit the bridge of the reasons preventing operation of the bridge and the need to seek a temporary berth or port departure;

(c) provide regular updates on the closure to GYPA, amending the possible duration of the interruption to operations; and

(a) on successful resolution to inform the GYPA of such and the resumption of routine operations.

SCHEDULE 11 — THE GREAT YARMOUTH THIRD RIVER CROSSING BYELAWS 2020

PART 1 — PRELIMINARY

Citation and commencement

1

These byelaws—

(a) may be cited as the Great Yarmouth Third River Crossing Byelaws 2020; and

(b) have effect as set out in article 51 (byelaws) of the Great Yarmouth Third Crossing Development Consent Order 2020.

Interpretation

2

(1) In these byelaws unless the context otherwise requires—

“advertisement” has the same meaning as it has in the Town and Country Planning Act 1990 ;

“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 the 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;

“barriers” means barriers installed within the new bridge area to prevent the passage of persons or vehicles;

“the byelaws” means these byelaws;

“carriageways” means the parts of the new bridge area that are carriageways as defined by section 329(1) (further provision as to interpretation) of the Highways Act 1980 ;

“cycle tracks” means the parts of the new bridge area that are cycle tracks as defined by section 329(1) of the Highways Act 1980;

“footways” means the parts of the new bridge area that are footways as defined by section 329(1) of the Highways Act 1980;

“maintenance” includes inspect, repair, adjust, alter, remove, replace or reconstruct;

“motor vehicle” has the same meaning as it has in 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 as set out in Schedule 1 (authorised development) to the Order;

“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, 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 set out in Schedule 15 (documents to be certified) to the Order certified by the Secretary of State as the new bridge area plan for the purposes of the Order;

“the new bridge control tower” means Work No. 7A as set out in Schedule 1 to the Order;

“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. as set out in Schedule 1 to the Order;

“notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

“the Order” means the Great Yarmouth Third River Crossing Development Consent Order 2020;

“the public realm areas” means the areas of the public realm facilities comprised in Work No. 6A as set out in Schedule 1 to the Order;

“trailer” means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“undertaker” means Norfolk County Council or such other person who has the benefit of the Order in accordance with article 7 (benefit of the Order) of the Order;

“vaporiser” means an electronic device that can be used to deliver nicotine (whether alone or in combination with other substances) to a person inhaling from the device; and

“vessel waiting facilities” means the vessel waiting facilities comprised in Work No. 6A as set out in Schedule 1 to the Order.

(2) The Interpretation Act 1978 applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

PART 2 — CONDUCT AND BEHAVIOUR

Smoking, etc.

3

Whilst on the new bridge a person must not—

(a) smoke or carry an item that is alight including a lit cigar, cigarette, cigarillo, pipe, match or lighter; or

(b) use a vaporiser.

Unacceptable behaviour

4

A person must not—

(a) climb upon, remove, operate, interfere with, obstruct or damage (whether deliberately or negligently) any new bridge infrastructure;

(b) interfere with, obstruct or damage (whether deliberately or negligently) the vessel waiting facilities;

(d) remove, jump or otherwise manoeuvre over or under, any bar, railing, fence or barrier or open any gate or movable barrier fitted or placed on any part of the new bridge without the prior consent of an authorised person;

(e) drop, throw or allow anything to fall—

(i) onto the new bridge;

(ii) over the parapet of the new bridge; or

(iii) over any fence or wall on or abutting on the new bridge,

so as to endanger or cause injury or damage to any person or property;

(f) access the river Yare, or attempt to do so, by climbing onto the river walls adjoining the new bridge;

(g) display or post a bill, placard, advertisement or notice within the new bridge area;

(h) write, print, draw or paint on or cut, mark or stamp any part of the new bridge area unless such activity is authorised by—

(i) a notice displayed by or on behalf of the undertaker; or

(ii) the prior consent of an authorised person;

(i) fix anything to the new bridge, the new bridge infrastructure or the vessel waiting facilities without the prior consent of an authorised person;

(j) spit, urinate or defecate in the new bridge area;

(k) place or deposit or leave on or in the new bridge area any vehicle or any article or thing so as to create an obstruction or litter or fire risk;

(l) offer for sale or sell any article, thing or service of any description in the new bridge area without the consent of the undertaker;

(m) move, alter, deface or otherwise interfere with any notice belonging to the undertaker which is displayed or placed in the new bridge area;

(n) without prejudice to any other requirement of the byelaws, act in any way as to cause a nuisance in the new bridge area;

(o) use abusive behaviour or threatening language or gestures in the new bridge area; or

(p) obstruct any action taken by an authorised person under powers conferred by the Order to—

(i) remove a vehicle from the new bridge area; or

(ii) remove or otherwise respond to a load or other object which has fallen from a vehicle.

PART 3 — ACCESS AND TRAFFIC

Unauthorised access and loitering

5

(1) A person must not enter, attempt to enter or remain in any part of the new bridge area where that would contravene a direction of an authorised person or a notice displayed by the undertaker which prohibits or restricts access.

(2) A person must not loiter in the new bridge area if asked to leave by an authorised person.

(3) An authorised person may prevent the driver of a motor vehicle from gaining access to the new bridge area if the authorised person has reasonable cause to believe the driver of the motor vehicle is contravening, or will contravene if allowed to proceed, any of the byelaws.

(4) A person must not attempt to use the footways, carriageways and cycle tracks comprised in the new bridge—

(a) when instructed not to do so by an authorised person;

(b) in contravention of a notice displayed by the undertaker; or

Traffic regulation

6

(1) A person (other than an authorised person or a person acting with the consent of an authorised person) must not use or cause to be used within the new bridge area a barrow, cart, rickshaw or animal-drawn means of conveyance except if it is conveyed as the load or part of the load of a motor vehicle which is lawfully proceeding within the new bridge area.

(2) A person (other than an authorised person) must not use or cause to be used within the new bridge area any vehicle which emits grit, sparks, ashes, cinders, or oily substances in a manner which contravenes any regulations for the time being in force under the Road Traffic Act 1988 or any amendment thereof relating to the construction and use of motor vehicles.

(3) A person on foot must not enter any part of the carriageway comprised in the new bridge or new bridge approaches, unless directed or authorised to do so by an authorised person.

(4) A person must not ride a bicycle in any part of the new bridge area where a notice displayed by the undertaker states that cycling is prohibited, unless directed or authorised to do so by an authorised person.

(5) A person must not drive a motor vehicle within the new bridge area other than on the carriageways unless directed or authorised to do so by an authorised person.

(6) A person must not take onto the new bridge any animal other than a dog on a lead unless the animal is enclosed in a motor vehicle or trailer.

(7) A person must not release an animal from a motor vehicle or trailer within the new bridge area.

(8) A person must not abandon a motor vehicle in the new bridge area except in an emergency or if directed by an authorised person.

(9) A person must not operate a motor vehicle music or sound system at such volume as to cause nuisance to people within the new bridge area.

(10) A person must not take or cause to be taken onto the new bridge or new bridge approaches a motor vehicle which by reason of its condition is likely to break down or is in such condition as is likely to injure persons or damage property.

(11) A person must not use or cause to be used a motor vehicle on the new bridge or new bridge approaches unless the load carried by the motor vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance will be caused or is likely to be caused to a person or property by reason of the load or any part of the load falling or being thrown from the motor vehicle.

(12) No driver of, or passenger in, a motor vehicle which has broken down may carry out repairs to or refuel a motor vehicle in the new bridge area without the consent of an authorised person.

(13) A driver of a motor vehicle which has broken down in the new bridge area must—

(a) as soon as practicable immediately notify an authorised person of the breakdown;

(b) switch on the motor vehicle's hazard lights; and

(14) A driver of a motor vehicle which has shed its load in full or in part on the new bridge such that it has caused, or may cause, an obstruction or other hazard to users of the new bridge or to users of the river Yare must—

(a) as soon as practicable inform an authorised person of the loss of the load;

(b) immediately inform an authorised person of the identity of, and contact details for, the owner of the load; and

(15) Any user of the new bridge must comply with any direction given at any time by an authorised person or by a notice, sign or signal within the new bridge area.

PART 4 — GENERAL

Saving for authorised persons

7

(1) Nothing in these byelaws prevents an authorised person from undertaking an activity which would otherwise be prohibited by these byelaws provided such activity is undertaken in the execution of that person's duties as an authorised person.

(2) Without restriction to the generality of the saving set out at paragraph (1), the activities included in that saving include any activity within the public realm areas for the purposes of—

(a) gaining access to the new bridge control tower, the new bridge or the new bridge approaches for any purpose; or

(b) the operation or maintenance of any element of the new bridge area.

SCHEDULE 12 — TREES SUBJECT TO TREE PRESERVATION ORDERS AND WITHIN CONSERVATION AREAS

(1) Tree preservation order and tree group reference, or conservation area name	(2) Tree preservation order and conservation area tree plans sheet number Type of tree or group of trees and plan reference (“ref”) number	(3) Works to be carried out
(1) Tree preservation order and tree group reference, or conservation area name	(2) Tree preservation order and conservation area tree plans sheet number Type of tree or group of trees and plan reference (“ref”) number	(3) Works to be carried out
Borough of Great Yarmouth Tree Preservation Order No.7 2005 Tree group reference: G3	Sheet 1 Group comprising 1 Sycamore; 3 Whitebeam; and 10 White Poplar (ref G3)	Crown lift branches overhanging land within the Order limits
Borough of Great Yarmouth Conservation Area No.3 – Hall Quay and South Quay	Sheet 2 Group of trees comprising of Sycamore (ref G40)	Crown lift branches overhanging land within the Order limits
Borough of Great Yarmouth Conservation Area No.5 – Nicholas and Northgate Street (Laughing Image Corner)	Sheet 3 Group comprising: 1 Whitebeam (ref T57); and 2 Unknown (Ornamental) (ref T58, T60)	Removal
Borough of Great Yarmouth Conservation Area No.5 – Nicholas and Northgate Street (Laughing Image Corner)	Sheet 3 1 Whitebeam (ref T59)	Crown lift branches overhanging into land within the Order limits
Borough of Great Yarmouth Conservation Area No.5 – Nicholas and Northgate Street (Fullers Hill)	Sheet 3 Group comprising: 2 Birch (ref T45, T48); 2 Sycamore (ref T46, T49); 1 Silver Maple (ref T47); and 1 Cherry (ref T50)	Removal
Borough of Great Yarmouth Conservation Area No.5 – Nicholas and Northgate Street (Fullers Hill)	Sheet 3 Group comprising: Sycamore; Hawthorn; and Elder (ref G41)	Crown lift branches overhanging into land within the Order limits

SCHEDULE 13 — DEEMED MARINE LICENCE

PART 1 — GENERAL

Interpretation

1

(1) In this licence—

“the 2008 Act” means the Planning Act 2008;

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

“the authorised development” notwithstanding article 2(1) of the Order, has the meaning given in paragraph 117(2);

“business day” means a day other than a Saturday or Sunday or bank holiday in England;

“commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly;

“condition” means a condition in Part 2 of this licence;

“construction activity” means any licensed activity to be undertaken during the construction of the authorised development;

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

“harbour authority” means the Great Yarmouth Port Authority;

“the licence holder” means the undertaker and any transferee or lessee under article 8 (consent to transfer benefit of the Order) of the Order;

“licensed activity” means any of the licensable marine activities specified in Part 1 of this licence at paragraph 117(1);

“limits of deviation” has the meaning given in article 2(1) of the Order;

“the MMO” means the Marine Management Organisation;

“the MMO local office” means the MMO office whose contact details are given at paragraph 116(1)(b) or such other MMO office identified by replacement contact details provided by the MMO under paragraph 116(1)(b);

“MMO Marine Licensing Team” means the MMO team whose contact details are given at paragraph 116(1)(a) or such other team of persons identified by replacement contact details provided by the MMO under paragraph 116(1)(a);

“the Order” means the Great Yarmouth Third River Crossing Development Consent Order 2020;

“the River” means the area defined at paragraph 117(3); and

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

(2) All points, directions, lengths, areas and other measurements specified in this licence are to be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.

(3) Reference points specified in this licence are to be construed as references to Ordnance Survey National Grid reference points.

2

(1) The main points of contact with the MMO and the addresses for email and postal returns and correspondence are as follows—

(a) Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel—0300 123 1032

Fax—0191 376 2681

Email—marine.consents@marinemanagement.org.uk or such replacement contact details as are notified to the licence holder in writing by the MMO.

(b) Marine Management Organisation

MMO Lowestoft

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel—01502 573 149 or 01502 572 769

Email—lowestoft@marinemanagement.org.uk or such replacement contact details as are notified to the licence holder in writing by the MMO.

(2) The contact details for the MMO Marine Pollution Response Team are— Tel (during office hours)—0300 200 2024 Tel (outside office hours)—07770 977 825 or 0345 051 8486 Email—dispersants@marinemanagement.org.uk or such replacement contact details as are notified to the licence holder in writing by the MMO.

(3) Notwithstanding article 65 (service of notices) of the Order, unless otherwise notified to the licence holder in writing by the MMO, all notices required by this licence to be sent by the undertaker to the MMO must be sent using the MMO's marine case management system web portal.

Details of licensed marine activities

3

(1) Subject to the licence conditions in Part 2, this licence authorises the licence holder (and any agent, contractor or subcontractor acting on its behalf) to carry out any activities which constitute licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act and which—

(a) form part of, or are related to, the authorised development; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemptions specified by order) of the 2009 Act.

(2) In this paragraph “the authorised development” means the construction, maintenance and operation of those parts of each of the following numbered works within the limits of deviation to the extent that such works constitute licensable marine activities, as shown on the works plans—

(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

(ii) 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.

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

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

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

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

(i) the construction of a new highway to connect the new roundabout comprising part of Work No. 2 as described in Schedule 1 to the Order and the new river Yare bridge comprising part of Work No. 8B described in Schedule 1 to the Order;

(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);

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

(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.

(f) 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.

(g) 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 as described in Schedule 1 to the Order with the river Yare bridge comprised in Work No. 8B as described in Schedule 1 to the Order;

(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;

(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.

(h) the powers conferred by article 49(1) (subsidiary works and operations in the river Yare);

(i) 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 materially new or materially different effects than those assessed in the environmental statement, consisting of—

(i) activities within the river Yare and within the Order limits to—

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

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

(cc) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995 ) obtained in carrying out any such operations;

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

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

(ff) provide lighting, signage and aids to navigation;

(ii) other works and development—

(aa) 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;

(bb) 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, signals, signage and fencing;

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

(dd) to provide 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; and

(ee) for the benefit or protection of the authorised development;

(iii) such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance, operation or use of the authorised development, including—

(aa) works to divert, remove or replace apparatus, including mains, sewers, drains, pipes, cables, electrical sub-stations and electrical lines; and

(bb) landscaping and other works associated with the provision of ecological mitigation, or to mitigate any adverse effect of the construction, maintenance and operation of the authorised development or to benefit or protect any person or premises affected by the construction, maintenance and operation of the authorised development; and

(iv) activities to carry out works and development of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the operation and maintenance of the authorised development; and

(j) any other development within the meaning of section 32 (meaning of “development”) of the 2008 Act that is authorised by the Order.

(3) The coordinates for the area within which the licence holder may carry out licensed activities are specified below and more particularly shown on the works plans—

Point reference	Northing	Easting	Heading
1	52.595	1.7269	Due W
2	52.595	1.7257	Following River Wall
3	52.5908	1.7264	ENE
4	52.5912	1.7276	Following River Wall
1	52.5955	1.7269

(4) This licence does not permit the disposal of dredged material at sea or in other waters.

PART 2 — CONDITIONS

Notification of commencement and completion of licensed activities

4

(1) The licence holder must—

(a) notify the MMO local office of the commencement of the first instance of any licensed activity at least 5 working days prior to the commencement of that licensed activity;

(b) notify the MMO local office of the completion of the licensed activities within 10 working days of such completion; and

(c) notify the Source Data Receipt team, UK Hydrographic Office, Taunton, Somerset, TA1 2DN (email: sdr@ukho.gov.uk) of the completion of the licensed activities within 2 weeks of the date of completion of the licensed activities;

(d) send a copy of the notification required under sub-paragraph (c) to the MMO Marine Licensing Team within 1 week of issue; and

(e) ensure that a notice to mariners is issued at least 10 working days prior to the commencement of the licensed activities, or any part of them, advising of the start date and the expected vessel routes from the local construction ports to the relevant location.

(2) Except in case of emergency, the licence holder must notify the MMO local office of the date of commencement and anticipated duration of any temporary closure of any part of the river Yare under the powers conferred by article 23(2) or (4) (temporary suspension of navigation in connection with the authorised development) of the Order at least 10 working days prior to any such temporary closure.

(3) In sub-paragraph (2) “emergency” has the meaning given to it by article 23(11) of the Order.

Construction method statement

5

(1) The licence holder must submit a construction method statement, for approval by the MMO, at least 13 weeks prior to the commencement of any construction activity.

(2) The construction method statement must include the following details—

(a) the detailed construction methodology to be employed by the licence holder in carrying out the construction activity; and

(b) a programme of works including timings and durations, method of delivery of material to site and plant to be used during the works.

(3) The licence holder must not commence the construction activity until the MMO has approved in writing the submitted construction method statement.

(4) The construction activity must be carried out in accordance with the approved construction method statement, unless otherwise agreed in writing by the MMO.

Noise registry

6

Where impact piling is required as part of a construction method statement approved by the MMO under condition 5, the licence holder must—

(a) prior to the commencement of a licensed activity in the river Yare which involves impact pile driving—

(i) submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the forward look requirements of the Marine Noise Registry; and

(ii) send copies of the notifications required under sub-paragraph (i) to the MMO Marine Licensing Team within 5 days of the date of submission of the details required under sub-paragraph (i); and

(b) within 12 weeks of completion of a licensed activity in the river Yare which involves impact pile driving—

(i) submit details of the actual location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the close out requirements of the Marine Noise Registry; and

(ii) send copies of the notifications required under sub-paragraph (i) within 5 days of the date of submission of the details required under sub-paragraph (i).

Cofferdam dewatering and excavation method statement

7

(1) The licence holder must submit a method statement for the dewatering and excavation of the in-river cofferdams forming parts of the construction activities described at paragraph 3(2)(a)(v), (2)(b)(ii) and (2)(f)(v) of this licence, for approval by the MMO, at least 13 weeks prior to the commencement of any such cofferdam dewatering and excavation construction activity.

(2) The cofferdam dewatering and excavation method statement must include the following details in respect of the cofferdam dewatering and excavation construction activity—

(a) the detailed dewatering methodology to be employed;

(b) the detailed methodology for the excavation and subsequent management of the solid material removed;

(d) provision that no excavated materials are to be disposed of at sea or in other waters otherwise than in accordance with a marine licence.

(3) The licence holder must not commence a cofferdam dewatering and excavation construction activity until the MMO has approved in writing the submitted cofferdam dewatering and excavation method statement for that cofferdam dewatering and excavation construction activity.

(4) Any cofferdam dewatering and excavation construction must be carried out in accordance with the relevant approved cofferdam dewatering and excavation construction activity method statement, unless otherwise agreed in writing by the MMO.

Vessels

8

(1) The licence holder must notify the MMO Marine Licensing Team of any vessel being used to carry on any licensed activities on behalf of the licence holder.

(2) A notification under sub-paragraph (1) must—

(a) be received by the MMO Marine Licensing Team no less than 24 hours before the commencement of the relevant licensed activity;

(b) include the name of the master of the vessel, the vessel type, the vessel IMO number and details of the vessel owner or operating company.

(3) The licence holder must ensure that a copy of this licence and any subsequent revisions or amendments have been read and understood by the master of any vessel being used to carry on any licensed activities, and that a copy of this licence is held on board any such vessel.

Marine pollution contingency plan

9

(1) The licence holder must submit a marine pollution contingency plan, for approval by the MMO, at least 13 weeks prior to the commencement of the first licensed activity, including any construction activity.

(2) The marine pollution contingency plan must set out the licence holder's assessment of the likely risks which could arise as a result of a spill or collision during the carrying out of the licensed activities and the methods and procedures the licence holder intends to put in place to address those risks.

(3) The licence holder must not commence the licensed activities until the MMO has approved in writing the submitted marine pollution contingency plan.

(4) The licensed activities must be carried out in accordance with the approved marine pollution contingency plan, unless otherwise agreed in writing by the MMO.

Piling techniques

10

(1) Where any construction activity involving piling is carried out within the River, the licence holder must comply with the requirements set out in sub-paragraphs (2) to (7).

(2) No construction activity involving piling is to be carried out within the River during the period beginning 1 February and ending on 30 April, unless the MMO has confirmed in writing its satisfaction that such piling activity within that period would not lead to significant adverse effects to the spawning of smelt (osmerus eperlanus), having regard to the relevant construction method statement approved for that piling activity in accordance with condition 5.

(3) No construction activity involving piling is to be carried out within the River at any time after 19:00 or at any time before 07:00, unless the MMO has confirmed in writing its satisfaction that such piling activity conducted outside of the authorised hours would not lead to significant adverse effects to European eels (anguila anguila), having regard to the relevant construction method statement approved for that piling activity in accordance with condition 5.

(4) Vibro piling techniques are to be used as standard, with impact piling only used if required to drive a pile to its design depth.

(5) Where impact piling is necessary, soft-start procedures are to be used to ensure incremental increase in pile power, over a period of not less than 20 minutes, until full operational piling power is achieved.

(6) Sufficient break periods in piling activities must be provided (with a minimum of one break per day, lasting at least one hour in duration) to allow fish to pass through the affected area.

(7) Where impact piling ceases for a period longer than 10 minutes, the soft-start procedure must be repeated.

Concrete and cement

11

(1) The licence holder must not discharge, intentionally or unintentionally, waste concrete, slurry or wash water from concrete or cement works into the River. The licence holder must contain and site concrete and cement mixing and washing areas at least 10 metres from any watercourse or surface water drains to minimise the risk of run off entering the River.

(2) If concrete is to be sprayed, suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the water environment.

(3) Rebounded concrete material must be cleared away before protective sheeting is removed.

Coatings and treatments

12

The licence holder must ensure that any coatings and any treatments are suitable for use in the marine environment and are used in accordance with guidelines approved—

(a) by the Health and Safety Executive;

(b) by the Environment Agency; or

Spills, etc.

13

The licence holder must—

(a) store, handle, transport and use fuels, oils, chemicals and other substances so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers;

(b) report any spill of oil, fuel or chemicals into the marine area to the MMO Marine Pollution Response Team within 12 hours of the spill occurring; and

(c) store all waste in designated areas that are isolated from surface water drains and open water and are bunded to contain any spillage.

Dropped objects

14

All dropped objects must be reported to the MMO Marine Licensing Team using the Dropped Object Procedure Form (or such substitute notification procedure communicated in writing to the licence holder by the MMO) as soon as reasonably practicable and in any event within 24 hours of the licence holder becoming aware of an incident. On receipt of the Dropped Object Procedure Form or substitute notification, the MMO may require relevant surveys to be carried out by the licence holder (such as side-scan sonar), and the MMO may require obstructions to be removed from the seabed at the licence holder's expense, if reasonable to do so.

Post construction

15

The licence holder must remove all equipment, temporary structures, waste and debris associated with the construction activities within the River within 4 weeks of completion of the final construction activity.

PART 3 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “return”

16

In this Part, “return” means a submission by the licence holder for approval by the MMO of any method statement or plan under conditions 119, 121 and 123.

Further information regarding application

17

(1) The MMO may request in writing such further information from the licence holder as is necessary to enable the MMO to consider the return.

(2) If the MMO does not make a request under sub-paragraph (1) within 30 business days of the day immediately following that on which the return is received by the MMO, it is deemed to have sufficient information to consider the return and is not entitled to request further information after this date without the prior agreement of the licence holder.

Determination of application

18

(1) In determining the return, the MMO may have regard to—

(a) the return and any supporting information or documentation;

(b) any further information provided by the licence holder in accordance with paragraph 131; and

(2) Having considered the return, the MMO must—

(a) grant the return unconditionally; or

(b) grant the return subject to the conditions the MMO thinks fit; or

(3) In determining return, the MMO may discharge its obligations under sub-paragraph (2)(a), (b), or (c) separately in respect of a part of the return only, where it is reasonable to do so.

Notice of determination

19

(1) Subject to sub-paragraphs (2) and (3), the MMO must give notice to the licence holder of the determination of the return within 13 weeks from the day immediately following that on which the return is received by the MMO, or as soon as reasonably practicable after that date.

(2) Where the MMO has made a request under paragraph 131, the MMO must give notice to the licence holder of the determination of the return within 13 weeks from the day immediately following that on which the further information is received by the MMO, or as soon as reasonably practicable after that date.

(3) Where the MMO determines it is not reasonably practicable to make a determination pursuant to sub-paragraph (1) or (2) in 13 weeks, it must notify the licence holder as soon as reasonably practicable and provide confirmation in writing of the intended determination date.

(4) Where the MMO refuses the return the refusal notice must state the reasons for the refusal.

No subsidiary dredging under the Order

20

Unless otherwise agreed in writing with the MMO, this licence does not permit any subsidiary works and operations to be carried out under article 49(1)(b) (subsidiary works and operations in the river Yare) of the Order.

Anticipatory steps towards the discharge of any condition

21

If before the coming into force of this Order the licence holder or any other person has taken any steps that were intended to be steps towards the discharge of any condition in Part 2 of this Schedule, those steps may be taken into account for the purposes of determining compliance with that condition if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 14 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

The provisions of this Part of this Schedule have effect for the protection of statutory undertakers unless otherwise agreed in writing between the undertaker and the statutory undertaker in question.

2

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—in the case of a statutory undertaker within paragraph (a) of the definition of that term, electric lines or electrical plant as defined in the Electricity Act 1989 , belonging to or maintained by the statutory undertaker for the purposes of electricity supply;in the case of a statutory undertaker within paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by the statutory undertaker for the purposes of gas supply;in the case of a statutory undertaker within paragraph (c) of the definition of that term—mains, pipes or other water apparatus belonging to or maintained by the statutory undertaker for the purposes of water supply; andmains, pipes or other water apparatus that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991 ;in the case of a sewerage undertaker—any drain or works vested in the sewerage undertaker under the Water Industry Act 1991; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

“statutory undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989;a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986 ;a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991,for the area of the authorised development, and in relation to any apparatus, means the utility undertaker of the above descriptions to whom it belongs or by whom it is maintained.

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the statutory undertaker are regulated by Part 3 (street works in England and Wales) of the 1991 Act.

4

(1) Regardless of the temporary stopping up, alteration or diversion of streets under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), a statutory undertaker is at liberty at all times to take all necessary access across any such street and to carry out and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary stopping up, alteration or diversion was in that street.

(2) Where any street is stopped up under article 14 (permanent stopping up of streets and private means of access), any statutory undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the statutory undertaker legal easements reasonably satisfactory to the statutory undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the statutory undertaker to require the removal of that apparatus under paragraph 6 or to carry out works under paragraph 8.

5

Despite any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

6

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the statutory undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a statutory undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the statutory undertaker in question in accordance with sub-paragraphs (2) to (9).

(2) If, for the purpose of carrying out any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the statutory undertaker in question 28 days' written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a statutory undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the statutory undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the statutory undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably practicable use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) The obligation imposed on the statutory undertaker under sub-paragraph (3) does not extend to the exercise by the statutory undertaker of any power to acquire any land or rights in land by compulsory purchase order.

(5) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the statutory undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 67 (arbitration).

(6) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 67 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(7) Regardless of anything in sub-paragraph (6), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to carry out any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being carried out by the statutory undertaker, may be carried out by the undertaker, in accordance with plans and in a position agreed between the statutory undertaker and the undertaker or, in default of agreement, determined by arbitration in accordance with article 67 (arbitration), without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

(8) In carrying out any work under sub-paragraph (7) the undertaker must comply with all statutory obligations which would have been applicable had the works been carried out by the statutory undertaker.

(9) Nothing in sub-paragraph (7) authorises the undertaker to carry out the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or carry out any filling around the apparatus (where the apparatus is laid in a trench) within 600 millimetres of the apparatus.

7

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a statutory undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the statutory undertaker in question or in default of agreement settled by arbitration in accordance with article 67 (arbitration).

(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in land of the undertaker, the arbitrator must—

(a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker or traffic on the highway; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to any apparatus for which the alternative apparatus is to be substituted.

(3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the statutory undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that statutory undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8

(1) Not less than 28 days before starting the carrying out of any works authorised by this Order that will or may affect any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker must submit to the statutory undertaker in question a plan, section and description of the works to be carried out.

(2) Those works must be carried out only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the carrying out of those works.

(3) Any requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If a statutory undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs (1) to (4) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the carrying out of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

(7) Nothing in sub-paragraph (6) entitles the undertaker to carry out works to any apparatus but, upon receipt of notice from the undertaker, the statutory undertaker must proceed to carry out such works as may be required without unnecessary delay.

9

(1) Subject to the following provisions of this paragraph, the undertaker must repay to the statutory undertaker in question the proper and reasonable expenses incurred by that statutory undertaker in, or in connection with the inspection, removal, relaying, replacing, alteration or protection of any apparatus under any provision of this Part of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of facilities and rights or exercise of statutory powers for such apparatus) including the cutting off of any apparatus from any other apparatus or the making safe of any redundant apparatus as a consequence of the exercise by the undertaker of any power under this Order and the surveying of any land or works, the inspection, superintendence and monitoring of works or the removal of any temporary works reasonably necessary in consequence of the exercise of the undertaker of any power under this Order.

(2) The value of any apparatus removed under this Part of this Schedule is to be deducted from any sum payable under sub-paragraph(1), that value being calculated after removal.

(3) If in accordance with this Part of this Schedule—

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

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 67 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

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

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

(5) An amount which apart from this sub-paragraph would be payable to a statutory undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker in question any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

10

(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance or failure of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any statutory undertaker, the undertaker must—

(a) bear and pay the cost reasonably incurred by that statutory undertaker in making good such damage or restoring the supply; and

(b) indemnify the statutory undertaker against all reasonable claims, penalties, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or reasonably and properly incurred by, the statutory undertaker,

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a statutory undertaker, its officers, servants, contractors or agents.

(3) A statutory undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

11

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to that apparatus as will enable the statutory undertaker to maintain or use the apparatus no less effectively than was possible before the obstruction.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

12

(1) For the protection of any operator, the following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the operator.

(2) In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003 ;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act ;

“electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; andan electronic communications network which the Secretary of State is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

“operator” means the operator of an electronic communications code network.

13

The exercise of the powers conferred by article 37 (statutory undertakers and utilities) is subject to Part 10 (undertaker's works affecting electronic communications apparatus) of the electronic communications code.

14

(1) Subject to sub-paragraph (2), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

15

The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 67 (arbitration).

16

This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

PART 3 — FOR THE PROTECTION OF ANGLIAN WATER

17

For the protection of Anglian Water, the provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and Anglian Water, have effect.

18

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;

“Anglian Water” means Anglian Water Services Limited, company number 02366656, whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire PE29 6YJ;

“apparatus” means—any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage;any drain or works vested in Anglian Water under the Water Industry Act 1991 ; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of the Water Industry Act 1991 or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 (general interpretation) of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

“plan” includes sections, drawings, specifications and method statements.

19

The undertaker must not interfere with, build over or near to any apparatus within the Order land or execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within the standard protection strips which are the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus—

(a) 2.25 metres where the diameter of the pipe is less than 150 millimetres;

(b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres;

(d) 6 metres where the diameter of the pipe exceeds 750 millimetres,

unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertaker.

20

The alteration, extension, removal or re-location of any apparatus must not be implemented until—

(a) any permits required under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation and any other associated consents are obtained by the undertaker, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

(b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed, and such works to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water without delay for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

21

In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension is to take place until Anglian Water has established, to its reasonable satisfaction, contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus. Anglian Water must use reasonable endeavours to establish contingency arrangements in a timely manner.

22

Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement with Anglian Water, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water, such agreement not to be unreasonably withheld or delayed.

23

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.

24

If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets will immediately be given to Anglian Water and afforded the same protection as other Anglian Water assets.

25

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 20 to 22 and 24 above any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—

(a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

(b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by Anglian Water,

by reason or in consequence of any such damage or interruption.

26

Nothing in paragraph 25 above imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of Anglian Water, its officers, servants, contractors or agents.

27

Any difference or dispute arising between the undertaker and Anglian Water under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Anglian Water, be determined by arbitration in accordance with article 67 (arbitration).

PART 4 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

28

(1) The following provisions of this Part of this Schedule apply for the protection of the Agency unless otherwise agreed in writing between the Agency and the undertaker.

(2) In this Part of this Schedule—

“the Agency” means the Environment Agency;

“drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river, and any bank, wall or embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring but excludes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage in respect of ordinary watercourses;

“excluded flood risk activity” means any licensable marine activity authorised by article 56 (deemed marine licence);

“the fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;

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

“ordinary watercourse” has the meaning given to it by section 72(1) (interpretation) of the Land Drainage Act 1991

“plans” includes sections, drawings, specifications, calculations and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;cause obstruction to the free passage of fish or damage to any fishery;affect the conservation, distribution or use of water resources; oraffect the conservation value of the main river and habitats in its immediate vicinity;

but does not include any excluded flood risk activity; and

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