The Great Yarmouth Third River Crossing Development Consent Order 2020

• (1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request.

• (2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency or as determined in accordance with paragraph 38.

• (3) Any approval of the Agency required under this paragraph—

• (a) must not be unreasonably withheld or delayed;

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

• (c) is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans for approval or receipt of further particulars if such particulars have been requested by the Agency for approval; and

• (d) may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

• (4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(c).

30

Without limiting paragraph 29, the requirements which the Agency may have under that paragraph include conditions requiring the undertaker, at its own expense, to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

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

• (b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased when compared with that reported in the environmental statement,

by reason of any specified work.

31

Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 30, must be constructed—

• (a) without unreasonable delay in accordance with the plans approved under this Part of this Schedule; and

• (b) to the reasonable satisfaction of the Agency,

and the Agency is entitled by its officer to watch and inspect the construction of such works.

• (2) The undertaker must give to the Agency not less than 14 days' notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

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

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

• (5) Subject to sub-paragraph (6) and paragraph 36, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the undertaker.

• (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which a notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in an emergency, exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 38.

32

• (1) Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

• (2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the drainage work, or any part of such drainage work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

• (3) Subject to sub-paragraph (4) and paragraph 36, if, within a reasonable period, being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and any expenditure incurred by the Agency in so doing is to be recoverable from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 38.

• (5) This paragraph and paragraph 33 do not apply to—

• (a) drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not proscribed by the powers of this Order from doing so;

• (b) to any drainage works comprised in Work No. 6A(iii); or

• (c) any obstruction of a drainage work, for the purposes of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule.

33

Subject to paragraphs 32(5) and 36, if by reason of the construction of any specified work or of the failure of any such work, the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the impairment or damage and recover any expenditure incurred by the Agency in so doing from the undertaker.

34

If by reason of construction of the specified work the Agency's access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction within 48 hours of the undertaker becoming aware of such obstruction.

35

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

• (2) If by reason of—

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

• (b) the failure of any such work,

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

• (3) Subject to paragraph 36, if within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to the fishery, the undertaker fails to take such steps as are described in a notice served under sub-paragraph (2), the Agency may take those steps and any expenditure incurred by the Agency in doing so is to be recoverable from the undertaker.

• (4) Subject to paragraph 36, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker any expenditure incurred in so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

36

• (1) The undertaker must indemnify the Agency in respect of all costs, charges and expenses which the Agency incur—

• (a) in the examination or approval of plans under this Part of this Schedule;

• (b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and

• (c) in the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works.

37

• (1) The undertaker is responsible for and must indemnify the Agency against all costs and losses not otherwise provided for in this Part of this Schedule which may be incurred or suffered by the Agency by reason of—

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

• (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction of the authorised development or dealing with any failure of the authorised development.

• (2) For the avoidance of doubt, in sub-paragraph (1)—

• “costs” includes—expenses and charges;staff costs and overheads; andlegal costs;

• “losses” includes physical damage.

• (3) Subject to sub-paragraph (7), the undertaker must indemnify the Agency against all liabilities, claims and demands arising directly out of or directly in connection with the construction, maintenance or failure of the authorised development or out of the matters referred to in sub-paragraph (1)(a) and (1)(b).

• (4) For the avoidance of doubt, in sub-paragraph (3)—

• “claims” and “demands” include as applicable—costs (within the meaning of sub-paragraph (2)) incurred in connection with any claim or demand; andany interest element of sums claimed or demanded;

• “liabilities” includes—contractual liabilities;tortious liabilities (including liabilities for nuisance);liabilities to pay statutory compensation or for breach of statutory duty; andliabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).

• (5) The Agency must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise must be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

• (6) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.

• (7) Nothing in this paragraph imposes any liability on the undertaker with respect to any claims, costs, demands, liability or losses to the extent that it is attributable to the act, neglect or default of the Agency, its officers, servants, contractors or agents.

38

Any dispute arising between the undertaker and the Agency under this Part of this Schedule is, if the parties agree, to be determined by arbitration under article 67 (arbitration), but must in the absence of agreement be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Transport or its successor, acting jointly, on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.

PART 5 — FOR THE PROTECTION OF THE WAVENEY, LOWER YARE AND LOTHINGLAND INTERNAL DRAINAGE BOARD

39

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

40

In this Part of this Schedule—

• “the Board” means the Waveney, Lower Yare and Lothingland Internal Drainage Board and any successor body;

• “the outfall pipe” means the specified work comprising an outfall pipe, headwall and associated apparatus to be constructed in and adjoining the relevant watercourse known as Waveney Common Road 1 adjacent to Queen Anne's Road, subject to such amendments as the Board and the undertaker may agree;

• “relevant asset” means any watercourse, adjoining bank, embankment or wall and any associated apparatus or structure, including sluices and water control appliances, which is for the time being belonging to or under the control of the Board;

• “relevant watercourse” means a watercourse that is a relevant asset;

• “specified work” means any part of the authorised development which affects a relevant asset;

• “functions” includes powers and duties.

41

• (1) The undertaker must notify the Board of the intended commencement and anticipated duration of any specified work.

• (2) The notification given under sub-paragraph (1) must be given 14 working days prior to commencement of the relevant specified work.

• (3) The requirements of sub-paragraphs (1) and (2) have effect in addition to any other requirement of this Part of this Schedule which must be complied with by the undertaker prior to the commencement of any specified work.

42

The undertaker must permit any officer of the Board to inspect any specified work during its execution.

43

In constructing and operating the outfall pipe, the undertaker must comply with the following requirements—

• (a) prior to constructing the outfall pipe, the undertaker must obtain the approval of the Board to a maximum rate of discharge of surface water through the outfall pipe;

• (b) the undertaker must ensure that the approved maximum rate of discharge is not exceeded;

• (c) the headwall must comprise a recessed precast concrete unit of adequate dimensions;

• (d) all material excavated during the construction of the headwall must be removed from the watercourse;

• (e) the area around the headwall must be restored to its previous condition as soon as possible following construction of the headwall;

• (f) in constructing the outfall pipe the undertaker must ensure that erosion protection sufficient to prevent scouring of the bank of the watercourse is provided beneath the outfall pipe, across the bed and extending across the far bank to the same level as the outfall pipe and to at least one metre either side of it;

• (g) no part of the outfall pipe or associated erosion protection measures is to protrude beyond the existing bank profile; and

• (h) discharge through the outfall is to consist solely of surface water runoff and must not include any treated foul water.

44

If a specified work requires a relevant water course to be temporarily dammed off and over-pumped (“the temporary operations”), the undertaker must—

• (a) obtain the approval of the Board to the commencement and duration of the temporary operations;

• (b) ensure that the drainage of any other person is not materially affected by the temporary operations;

• (c) construct the dams in such a manner that they can be removed without delay in the event that water levels rise to an unacceptably high level or the over-pumping apparatus provided by the undertaker is unable to cope with the flow of water; and

• (d) remove the dams as soon as reasonably possible following completion of the relevant part of the specified works and restore the areas where the dams were positioned to their previous condition.

45

Where the undertaker culverts a relevant watercourse in carrying out a specified work, it must comply with the following requirements—

• (a) where there are existing pipes entering the length of watercourse to be culverted, these are to be suitably extended and diverted to outfall into—

• (i) the open channel to one side or the other of the culverted length; or

• (ii) to the nearest access chamber;

• (b) the material used in infilling must not contain any garden rubbish, brick rubble or other deleterious material and must be suitably compacted; and

• (c) the infill material must be laid to the depth required to match the existing ground levels to either side of the infilled area.

46

• (1) Where any damage is caused by the undertaker to a relevant watercourse or other relevant asset in any of the circumstances mentioned in sub-paragraph (2), the undertaker must make good such damage as soon as possible following its occurrence.

• (2) The circumstances are—

• (a) the driving or waiting of any vehicle on the banks of any relevant watercourse;

• (b) the placing, use or storage of any apparatus, structure or equipment in or on the banks of any relevant watercourse;

• (c) the dredging, raising or taking of any gravel, sand, ballast, clay or other material from the bed or bank of any relevant watercourse; and

• (d) any other activity undertaken in the construction or maintenance of any specified work.

47

• (1) The undertaker must at its expense maintain all elements of any specified work which are, following their execution, vested in the undertaker.

• (2) Where any works to a relevant asset are executed by the undertaker in carrying out the specified works, the Board continues to have responsibility for maintenance of the relevant asset.

48

Any agreement or approval under this Part of this Schedule must not be unreasonably withheld or delayed and must be given in writing.

49

• (1) Save as provided by sub-paragraph (2) or other provision of this Order, nothing in this Part of this Schedule affects the rights and responsibilities of the Board under the Land Drainage Act 1991.

• (2) The Board must not exercise its functions in a manner contrary to the provisions of the Order.

50

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

PART 6 — FOR THE PROTECTION OF THE GREAT YARMOUTH PORT AUTHORITY

51

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

52

In this Part of this Schedule the following definitions apply—

• “adverse effects” means any physical damage to the river caused by the specified work which affects the stability, structure and safety of the river and, without limitation on the scope of that meaning, includes—the erosion of the bed, banks or walls of the river, or the impairment of the stability of any works or lands forming part of the river;damage to the walls or banks of the river caused by excessive weight being placed on the river walls;the silting of the river or the deposit of materials in the river so as to damage the river; andthe pollution of the river;

• “engineer” means a professionally qualified engineer (whether an employee of the GYPA or external consultant) appointed by the GYPA for the purpose in question;

• “protective work” means a work which is reasonably necessary to minimise adverse effects to the river arising from the construction of the specified work as may be required by the GYPA by notice to the undertaker served not later than 6 months before the commencement of any specified work;

• “river” means the river Yare;

• “specified work” means so much of the authorised development as may in any way materially affect the river or is situated upon, across, under or over or within 15 metres of the river; and

• “works” means the protective works and the authorised development.

53

• (1) Subject to sub-paragraph (2), nothing in this Order authorises the undertaker to—

• (a) construct or maintain any specified work or protective work which would have the effect of exceeding the load bearing capacity of any part of the existing river wall which is not replaced by the specified work or protective work; or

• (b) use any part of the river wall which is not to be replaced by the works as a load bearing wall or structure for any specified work or protective work.

• (2) The provisions of sub-paragraph (1) do not apply where the GYPA has accepted the findings of a risk assessment carried out by the undertaker, including supporting calculations, that demonstrates that the load bearing capacity of the relevant part of the river wall would be adequate with or without specified reinforcement.

• (3) The GYPA must not unreasonably withhold its acceptance of a risk assessment under sub-paragraph (2), must give its decision within 10 working days of the undertaker submitting its risk assessment, but may give its acceptance on terms that the undertaker must carry out any specified reinforcements.

54

The undertaker must not commence the operation of any element of the specified work until the engineer has notified the undertaker that any related protective work has been completed to the engineer's reasonable satisfaction. The engineer's notification shall not be unreasonably withheld or delayed and in any event the engineer shall provide any comments within 1 month of the undertaker providing the plans of the protective work. If the engineer has made no comment within 3 weeks the undertaker may remind the engineer of this obligation and if the engineer makes no comments within 1 week of being reminded the engineer is to be deemed to have notified the undertaker that the protective work has been completed to the engineer's reasonable satisfaction.

55

Any navigation simulations required to be carried out by the undertaker on the river relating to any temporary works are to be conducted with GYPA pilots or the harbour master in attendance. The undertaker will notify the GYPA of any navigation simulations in advance of it being carried out and the GYPA may send representatives.

56

The undertaker shall give the GYPA not less than 6 weeks' notice in writing of the commencement of construction of the authorised development unless otherwise agreed.

57

• (1) The undertaker must comply with any special direction given by the harbour master under section 3(1)(b) of the Great Yarmouth Outer Harbour Act 1986 or section 16 of the Great Yarmouth Port Authority Act 1990 that is strictly necessary to ensure the safety of navigation during construction of the works.

• (2) Except as is mentioned in sub-paragraph (1), neither the harbour master nor the GYPA may give any general or special direction which would prevent or materially hinder any works or activity authorised by or under any provision of this Order.

58

Any specified work must, when commenced be constructed—

• (a) without unnecessary delay;

• (b) in such a manner as to cause as little adverse effects as is reasonably practicable to the river;

• (c) in such a manner as to cause no material adverse effects to the integrity of the walls or banks of the river; and

• (d) in such a manner as to cause as little inconvenience as is reasonably practicable to the GYPA.

59

• (1) The undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which results in the deposit of any polluting materials on, in or over the river and must take such steps as the harbour master may reasonably require to avoid or make good any breach of its obligations under this paragraph.

• (2) Subject to sub-paragraphs (3) and (4), the undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which results in the deposit of any other materials in the river and must take such steps as the harbour master may reasonably require to avoid or make good any breach of its obligations under this sub-paragraph.

• (3) For the avoidance of doubt, the structures comprising the authorised development, and any specified work or protective work shall not themselves constitute a material for the purposes of sub-paragraph (2).

• (4) Sub-paragraph (2) does not apply to the deposit by the undertaker of materials (other than polluting materials) in the river if such deposit has been authorised in writing by the GYPA.

60

Where reasonably required to do so by the engineer or the harbour master for the purpose of ensuring the safety of the river the undertaker must, to the reasonable satisfaction of the engineer or harbour master, fence off any specified work or protective work or take such steps as the engineer or the harbour master may reasonably require to be taken for the purpose of separating a specified work or a protective work from the river, whether on a temporary or permanent basis or both.

61

• (1) Prior to commencement of the works, a baseline hydrographic survey will be undertaken by the undertaker. This survey will form the basis for comparison with future surveys described within this paragraph. The results of the survey will be shared with the GYPA and must form the baseline of future assessments and/or surveys carried out under this paragraph.

• (2) Following commencement of construction of a specified work or a protective work (whichever is commenced first) the undertaker must carry out further assessments and surveys of the area of the river under and in the vicinity of the authorised development (and other such reasonable area notified to the undertaker by the GYPA) in accordance with the following requirements—

• (a) during the period from commencement of the works in the river until the date occurring one year after substantial completion of the works surveys are to be carried out 4 times per calendar year at such times within the year as the GYPA reasonably directs;

• (b) during the period from the date occurring one year after substantial completion of the works until the date occurring three years after substantial completion of the works surveys are to be carried out 2 times per calendar year at such times within the year as the GYPA reasonably directs;

• (c) paragraph (d) is to apply if any of the surveys undertaken under paragraph (b) or other evidence provided by the GYPA to the undertaker shall have demonstrated that the works are creating an adverse effect and that adverse effect has not been mitigated to the reasonable satisfaction of the GYPA by the expiry of the period referred to in paragraph (b);

• (d) where this paragraph applies, surveys shall be carried out once per calendar year, at such time as the GYPA reasonably directs, during the period commencing with the date of expiry of the period referred to in paragraph (b) and ending on the seventh anniversary of that date or such date as the adverse effect has been demonstrated to the reasonable satisfaction of the GYPA to have been mitigated (whichever date shall first occur);

• (e) should a survey carried out during construction show any discernible change has occurred to the river bed levels, localised sediment sampling will be undertaken in the area of change to determine the composition of the material, hydrodynamic modelling will be undertaken to assess the extent to which the new bridge construction activity may have contributed to the change and a detailed report prepared;

• (f) should a survey carried out after construction show either a sudden large change to the river bed level or, over time, that a longer-term trend of change in level pattern has occurred, localised sediment sampling will be undertaken in the affected area to determine the composition of the material, hydrodynamic modelling will be undertaken to assess the extent to which the new bridge construction activity may have contributed to the change and a detailed report prepared;

• (g) the extent of the surveys carried out under this paragraph will be 200 metres upstream and downstream of the centre line of the new bridge covering the full width of the river over this length; and

• (h) all hydrographic surveys mentioned in this paragraph will be undertaken using a suitable multibeam echo-sounder, in accordance with the International Hydrographic Organization Standards for Hydrographic Surveys 5th Edition (February 2008) to Survey Order 1a.

62

• (1) In the event that the further surveys or assessment carried out under paragraph 196(2) disclose that the works have resulted in part of the river becoming silted up or subject to scouring to the extent that there is, or is likely to be, a materially adverse impact on either the safety or efficiency of navigation of the river or the condition of the works, then the undertaker must dredge the river (or carry out such alternative remedial works as the GYPA, acting reasonably, approves) to remove the silting or make good the scouring as soon as reasonably practicable to the reasonable satisfaction of GYPA and at no expense to the GYPA.

• (2) Where the undertaker is obliged to carry out dredging or remedial works under sub-paragraph (1), the GYPA may instead (at its discretion) carry out such dredging or works on the undertaker's behalf if the undertaker so requests and on condition that the undertaker will meet all reasonable expenses of the GYPA.

63

• (1) The undertaker must at all reasonable times on being given reasonable notice (except in cases of emergency) allow reasonable facilities to the engineer for access to inspect any specified work or protective work during its construction.

• (2) The undertaker must supply the engineer with all such information as the engineer may reasonably require with regard to any specified work or protective work or the method of constructing but such information shall be limited to matters of reasonable concern to the GYPA observed during an inspection under sub-paragraph (1).

64

The undertaker must provide and maintain at its own expense in the vicinity of the specified work or protective work such temporary lighting from sunset to sunrise or other periods of adverse visibility and such signal lights for the control of navigation as the harbour master may reasonably require during the construction of a specified work or a protective work or the material failure of a specified work or protective work.

65

• (1) The undertaker must, upon completion of any part of a specified work, and after the purpose of any temporary works has been accomplished, remove as soon as reasonably practicable any temporary works constructed and materials for temporary works placed in, on or over the river in connection with that part of the specified work.

• (2) All temporary works must be removed to the reasonable satisfaction of the engineer and in such a way as causes as little adverse effects or interference as reasonably practicable with, or delay or interruption to, the safe passage of vessels along the river.

• (3) In the event of any adverse effects to the river that is caused by the undertaker's failure to remove any temporary works in accordance with sub-paragraph (1), the undertaker must as soon as reasonably practicable make good such adverse effects and pay to the GYPA the reasonable additional costs and expenses it incurs by reason of such failure to remove temporary works.

• (4) In the event of the undertaker failing to remove any temporary works in accordance with sub-paragraph (1) and thereafter failing to remove the temporary works within a reasonable period after receiving notice from the GYPA, the GYPA may remove those works and charge the undertaker the reasonable costs and expenses incurred as a result.

66

• (1) The undertaker must, before placing any temporary structure or apparatus over the river required in connection with the maintenance or repair or renewal of a specified work, comply with the reasonable requirements of the GYPA, such requirements to include—

• (a) the undertaker providing the GYPA with 42 days' written notice of this requirement so that the GYPA may bring these works to the attention of users of the river; and

• (b) receiving approval from the harbour master, but on terms that such approval must not be unreasonably withheld or delayed.

• (2) In the case of any work carried out in an emergency the undertaker is only required to give such notice to the harbour master as may be reasonably practicable in the circumstances.

67

If at any time after the completion of a specified work, not being a work vested in the GYPA, the GYPA gives notice to the undertaker informing it that the state of maintenance of the specified work appears to be such that the specified work is causing or is likely to cause adverse effects to the river, the undertaker must, on receipt of such notice together with supporting evidence of the matters asserted by the notice to the reasonable satisfaction of the undertaker take such steps as may be reasonably necessary to put the specified work in such state of maintenance as not to cause such adverse effect and if the undertaker fails to do so, the GYPA may make and do in and upon the land of the undertaker or the GYPA all such works to put the specified work in such state of maintenance as before and the cost, expenses and losses incurred by the GYPA in so doing must be repaid to the GYPA by the undertaker.

68

Within 3 months of completion of the specified works and protective works (“the completed works”), the undertaker must provide to the GYPA drawings of the completed works as constructed, including the electrical and mechanical drawings of the opening and closing mechanisms of the new bridge. If any modifications are made to the completed works following their completion the undertaker must provide updated as built drawings of the modified works.

69

The undertaker must keep such elements of the specified works that are not subject to the statutory duty of the undertaker as highway authority to maintain the highway, including the vessel waiting facilities and navigational lighting, in good and substantial repair and condition to the reasonable satisfaction of the GYPA.

70

The undertaker must, so far as practicable, keep the new bridge in the raised position from the occurrence of a failure to raise or close until such time as the engineer has certified in writing (which shall be done as soon as reasonably practicable) that the new bridge can be operated normally and safely. The engineer must provide a copy of such certification to the undertaker as soon as reasonably practicable.

71

The undertaker must publish and maintain in a prominent position at each end of the new bridge and such other positions as reasonably necessary to attract the attention of vessel operators and users of the new bridge and the river, notices setting out the arrangements for the opening of the new bridge. Such notices and locations, in so far as they are for the purpose of notifying vessel users, are to be approved by the GYPA.

72

Before providing any illumination or illuminated traffic sign on or in connection with the specified work or in the vicinity of the river, the undertaker must consult with the GYPA and comply with the GYPA's reasonable requirements in regard to such lighting with a view to ensuring that—

• (a) appropriate navigation lighting is placed on the specified works and on any protective works; and

• (b) any illuminations will not be directed upstream or downstream into the path of oncoming vessels on the river to ensure that such illumination or illuminated signs cannot be confused with any lights or lighting used for controlling, directing or securing the safety of vessels on the river.

73

The undertaker is responsible for the development, implementation and ongoing maintenance of a motorists early warning notification system which may include deployment of variable message signing, email alerts and use of social media to convey any likely disruption to users of the new bridge and the river due to new bridge openings and to be provided at no cost to the GYPA.

74

Any reasonable and proper additional expenses not otherwise provided for in this Part of this Schedule which the GYPA may incur in maintaining the river under any powers existing at the making of this Order by reason of the existence of a specified work must, be repaid by the undertaker to the GYPA (but subject to the submission to the undertaker, to its reasonable satisfaction, of demonstrable evidence that the additional expenses are a direct result of the construction of the specified work) so as to ensure that the GYPA has been reimbursed for all and any greater maintenance liability it incurs by reason of the existence of a specified work (on the proviso that there will be no double recovery).

75

• (1) Subject to the provisions of this paragraph, the undertaker agrees to indemnify fully and hold harmless the GYPA from and against all charges, claims, demands, damages, expenses, liabilities, losses, third party liabilities and any other cost and expense of any nature or kind whatsoever (including any reasonable and proper legal and other professional costs incurred by the GYPA) (together, “losses”) suffered or reasonably incurred by the GYPA to the extent that any losses are caused by—

• (a) the construction, maintenance or failure of the authorised development, a specified work or a protective work, including any mechanical or other failure of the new bridge; or

• (b) any act or omission of the undertaker or of its officers, employees, servants, contractors or agents whilst engaged in—

• (i) the construction or maintenance of a specified work or a protective work;

• (ii) seeking to remedy any failure of a specified work or a protective work; or

• (iii) the act of operating the opening mechanism of the new bridge.

• (2) GYPA must mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under sub-paragraph (1).

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any losses referred to in that sub-paragraph to the extent that they are—

• (a) attributable to the negligence or wilful misconduct of the GYPA or of its officers, employees, servants, contractors or agents; or

• (b) not within the reasonable control of the undertaker.

• (4) The GYPA must give to the undertaker notice in writing of any losses for which the undertaker may be liable under this paragraph and no settlement or compromise of them may be made without the written consent of the undertaker.

76

Except as provided by this Order, nothing in this Order prejudices or derogates from any of the rights, powers and duties of the GYPA.

SCHEDULE 15 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Description
The approach to detailed design	The approach to detailed design contained in document reference 7.4a
The archaeological written scheme of investigation	The archaeological written scheme of investigation contained in document reference 6.9
The book of reference	The book of reference contained in document reference NCC/GY3RC/EX/061
The classification of roads plan	The classification of roads plan contained in document reference 2.4
The drainage strategy	The drainage strategy contained in appendix 12C of the environmental statement document reference 6.2
The engineering plans, drawings and sections	The engineering plans, drawings and sections contained in document reference 2.10
The environmental statement	The environmental statement and associated figures and appendices contained in document references 6.1, 6.2, 6.3 and 6.5, subject to— the substitution in document reference 6.3 Environmental Statement (Volume III Figures) of Figure 12B.1 with Figure 12B.1 contained in Appendix B to document reference NCC/GY3RC/EX/064
The general arrangement plans	The general arrangement plans contained in document reference 2.2
The harbour limits plan	The harbour limits plan contained in document reference 2.13
The land plans	The land plans contained in document reference NCC/GY3RC/EX/004
The landscaping plans	The landscaping plans contained in document reference 2.9
The lighting report	The lighting report contained in document reference 7.4d
The limits of dredging plan	The limits of dredging plan contained in document reference 2.11
The new bridge area plan	The new bridge area plan contained in document reference 2.14
The outline code of construction practice	The outline code of construction practice contained in document reference NCC/GY3RC/EX/073
The preliminary navigation risk assessment	The preliminary navigation risk assessment contained in document reference NCC/GY3RC/EX/071
The rights of navigation plan	The rights of navigation plan contained in document reference 2.12
The street plans	The street plans contained in document reference 2.7
The traffic regulation measures plans	The traffic regulation measures plans contained in document reference NCC/GY3RC/EX/079
The tree preservation order and conservation area tree plans	The tree preservation order and conservation area tree plans contained in document reference 2.8
The works plans	The works plans contained in document reference NCC/GY3RC/EX/005

Signed

Signed by authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — 2020-09-24

Explanatory note

(This note is not part of the Order)

Footnotes

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

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I.2017/572, S.I. 2017/752 and S.I. 2018/378, S.I. 2019/734 and S.I 2020/764.

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

[^f00004]: Section 114 was amended by paragraph 55 of Part 1 of Schedule 11 to the Localism Act 2011 (c. 20).

[^f00005]: Section 115 was amended by paragraph 56 of Part 2 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00006]: Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

[^f00007]: Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00008]: Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00009]: Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00010]: Section 149A was inserted by paragraph 4(1) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23).

[^f00011]: Part 1 of Schedule 5 was amended by paragraph 4 of Part 1 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009, paragraph 71 of Part 1 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.

[^f00012]: 1961 c. 33.

[^f00013]: 1965 c. 56.

[^f00014]: 1980 c. 66.

[^f00015]: 1981 c. 66.

[^f00016]: 1984 c. 27.

[^f00017]: 1990 c. 8.

[^f00018]: 1991 c. 22.

[^f00019]: 2004 c. 18.

[^f00020]: 2008 c. 29.

[^f00021]: 2009 c. 23.

[^f00022]: S.I. 2016/362.

[^f00023]: 2004 c. 21. Section 44 was amended by section 6 of the Emergency Workers (Obstruction) Act 2006 (c. 39).

[^f00024]: 2002 c. 30. Section 41 was amended by paragraph 42 of Schedule 14 to the Police and Justice Act 2006 (c. 48).

[^f00025]: Section 56(4) was amended by paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00026]: 1990 c. 9.

[^f00027]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and by paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00028]: 2003 c. 21. Section 32(1) was amended by S.I 2011/1210.

[^f00029]: S.I. 2016/1154.

[^f00030]: 1847 c. 27.

[^f00031]: 1988 c. 52.

[^f00032]: 1981 c. 67. The definition of “owner” at section 7 was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

[^f00033]: Section 48 was amended by section 124 of the Local Transport Act 2008 (c. 26).

[^f00034]: See section 49, as amended by section 1(6) of, and paragraphs 113 and 117(a) of Part 2 of, Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00035]: Section 121A was inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the Greater London Authority Act 1999 (c. 29); section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to the Infrastructure Act 2015; and S.I. 1999/1920 and S.I. 2001/1400.

[^f00036]: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.

[^f00037]: Section 32 was amended by S.I. 2013/755.

[^f00038]: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).

[^f00039]: 1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to the 2009 Act and S.I. 2013/755. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to the 2009 Act and S.I 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

[^f00040]: S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.

[^f00041]: 2017 c. 20.

[^f00042]: S.I. 2010/948 as amended by S.I. 2011/987.

[^f00043]: 1922 c. 51. Act saved by section 100(10) of the Agricultural Holdings Act 1948 (c. 63), restricted by section 9 of the Allotments Act 1950 (c. 31).

[^f00044]: Section 64 was amended by section 102 of, and Schedule 17 to the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the 1991 Act.

[^f00045]: Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and section 168 of, and paragraph 9 of Part 1 of Schedule 8, and Schedule 9, to the 1991 Act.

[^f00046]: Section 56 was amended by section 43 of the 2004 Act.

[^f00047]: Section 56A was inserted by section 44 of the 2004 Act.

[^f00048]: Section 58 was amended section 51 of the 2004 Act.

[^f00049]: Section 58A was inserted by section 52(1) of the 2004 Act.

[^f00050]: Section 73A was inserted by section 55(1) of the 2004 Act.

[^f00051]: Section 73B was inserted by section 55(1) of the 2004 Act.

[^f00052]: Section 73C was inserted by section 55(1) of the 2004 Act.

[^f00053]: Section 78A was inserted by section 57(1) of the 2004 Act.

[^f00054]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the 2004 Act.

[^f00055]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40 of, and Schedule 1 to, the 2004 Act.

[^f00056]: Section 54 was also amended by section 49(1) of the 2004 Act.

[^f00057]: Section 55 was also amended by section 49(2) and 51(9) of the 2004 Act.

[^f00058]: Section 57 was also amended by section 52(3) of the 2004 Act.

[^f00059]: Section 59 was amended by section 42 of the 2004 Act.

[^f00060]: S.I. 2011/935.

[^f00061]: Section 32 was amended by sections 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.

[^f00062]: Section 23 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51), section 168(1) and (2) of, and paragraph 35(3) and (4) of Schedule 8 and Schedule 9 to, the 1991 Act, section 1(6) of and paragraph 78 of Part 2 of Schedule 1 to, the Infrastructure Act 2015 (c. 7) and section 51 of, and paragraph 23 of Part 4 of Schedule 10 to, the Deregulation Act 2015 (c. 20).

[^f00063]: Section 127(1) was amended by S.I. 2006/1177.

[^f00064]: 1991 c. 56. Section 106 was amended by section 35(1) and (8) and section 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00065]: 1991 c. 57.

[^f00066]: S.I. 2016/1154.

[^f00067]: Section 152 was amended by S.I. 2009/1307.

[^f00068]: Section 13 was amended by sections 62(3) and 139(4) to (9) of, paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00069]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

[^f00070]: 1981 c. 67. Part 3 was amended by section 46 of the Criminal Justice Act 1982 (c. 48) and S.I. 2009/1307.

[^f00071]: Section 4 was amended by sections 184, 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00072]: Section 8 was amended by paragraphs 1 and 2 of Schedule 17 to the Housing and Planning Act 2016 and S.I. 2009/1307.

[^f00073]: Schedule 2A was inserted by paragraphs 1 and 3 of Schedule 17 to the Housing and Planning Act 2016.

[^f00074]: Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1) and sections 186(1) and (2), 187 and 188 of the Housing and Planning Act 2016 (c. 22).

[^f00075]: Section 152 was amended by S.I. 2009/1307.

[^f00076]: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.

[^f00077]: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00078]: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00079]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00080]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00081]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).

[^f00082]: Section 118 was amended by paragraphs 1 and paragraph 59 of Schedule 13 and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00083]: Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

[^f00084]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

[^f00085]: Section 7(1) was inserted by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00086]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00087]: Section 153(4A) was inserted by section 200(2) of the Housing and Planning Act 2016 (c. 22).

[^f00088]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing Consequential Provisions Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measures 2006 (2006 No.1), sections 186(1) and (2), 187(1) and (2) and 188 of the Housing and Planning Act 2016 and S.I. 2009/1307.

[^f00089]: Section 4 was amended by sections 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00090]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00091]: 1987 c. 21.

[^f00092]: 1994 c. 22.

[^f00093]: Section 101A was inserted by paragraph 3(2) of Schedule 11 to the 2004 Act. Charges have been prescribed (under, inter alia, sections 101A(3), 101A(4) and102(2) of the 1984 Act) by S.I. 2008/2095.

[^f00094]: Section 102(2) was inserted by paragraph 4(2) of Schedule 9 to the 2004 Act.

[^f00095]: 1972 c. 70.

[^f00096]: Made by the Great Yarmouth Port Authority in exercise of powers conferred by section 83 of the Harbours, Docks and Pier Clauses Act 1847 and other enabling powers.

[^f00097]: 1972 c. 70. There are amendments to subsections 236(3) to (8) and (11) and section 238 but none are relevant to this Order.

[^f00098]: S.I. 2016/165.

[^f00099]: Section 206(1) was amended by paragraph 11 of Schedule 8 to the 2008 Act.

[^f00100]: 1967 c. 10. Section 9 was amended by section 4 of, and paragraph 141) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order.

[^f00101]: 1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) Measure 2014 (2014 No. 1).

[^f00102]: S.I. 1950/792.

[^f00103]: 1990 c. 43. There are amendments that are not relevant to this Order.

[^f00104]: 1974 c. 40. Section 61 was amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c. 43) and by Schedule 24 to the Environment Act 1995 (c. 25). There are other amendments that are not relevant to this Order.

[^f00105]: 1978 c. 30.

[^f00106]: Section 35 was inserted by section 26(2) of the Growth and Infrastructure Act 2013 (c. 27).

[^f00107]: Section 115(2) was amended by 160(3) of the Housing and Planning Act 2016 (c. 22). There are other amendments that are not relevant to this Order.

[^f00108]: 1995 c.21.

[^f00109]: 2010 c. 29.

[^f00110]: 1971 c. 80.

[^f00111]: S.I. 2000/682.

[^f00112]: 1973 c. 26.

[^f00113]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00114]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00115]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

[^f00116]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00117]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00118]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).

[^f00119]: 1987 c.21.

[^f00120]: 1990 c. 8.

[^f00121]: 2004 c. 21. Section 44 was amended by section 6 of the Emergency Workers (Obstruction) Act 2006 (c. 39).

[^f00122]: 2002 c. 30. Section 41 was amended by paragraph 42 of the Police and Justice Act 2006 (c. 48).

[^f00123]: 1980 c. 66.

[^f00124]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and by paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00125]: 1988 c. 52.

[^f00126]: 1978 c. 30.

[^f00127]: 1988 c. 52.

[^f00128]: 1995 c. 21.

[^f00129]: 1989 c. 29.

[^f00130]: 1991 c. 56. Section 51A was inserted by section 92(1) of the Water Act 2003 (c. 37) and amended by section 10(2) of the Water Act 2014 (c. 21).

[^f00131]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and paragraph 90 of Schedule 7 to the Water Act 2014 (c. 21).

[^f00132]: Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and paragraph 91 of Schedule 7 to, the Water Act 2014.

[^f00133]: 1986 c. 44. See section 7(1): this was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by section 76 of the Utilities Act 2000 (c. 27).

[^f00134]: 2003 c. 21.

[^f00135]: See section 106 and Schedule 3A. Section 106 was amended by section 4 of the Digital Economy Act 2017 (c. 30) and Schedule 3A was inserted by Schedule 1 to that Act.

[^f00136]: 1991 c. 56.

[^f00137]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and paragraph 90 of Schedule 7 to the Water Act 2014 (c. 21).

[^f00138]: Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and paragraph 91 of Schedule 7 to, the Water Act 2014 (c. 21).

[^f00139]: S.I. 2016/1154.

[^f00140]: 1991 c. 59. Section 72(1) has been amended by paragraph 194(1) of Schedule 22 to the Environment Act 1995 (c. 25), paragraph 39 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.

[^f00141]: 1986 c. xxii.

[^f00142]: 1990 c. xxvii.

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 35 (directions in relation to projects of national significance) of the 2008 Act, is development for which development consent is required, and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act, comprising—Work No. 1– shown on 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 1995 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