The Lake Lothing (Lowestoft) Third Crossing Order 2020

• (d) on receipt of a request for further information pursuant to paragraph 18 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (e) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 17(1), giving rise to the appeal referred to in sub-paragraph (1);

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the adjudicator”) and must notify the appeal parties of the identity of the adjudicator and the address to which all correspondence for the attention of the adjudicator must be sent;

• (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the adjudicator in respect of the appeal within 10 business days of the start date specified by the adjudicator and must ensure that copies of their written representations and any other representations as sent to the adjudicator are sent to each other and to the undertaker on the day on which they are submitted to the adjudicator;

• (e) the appeal parties must make any counter-submissions to the adjudicator within 10 business days of receipt of written representations pursuant to sub-paragraph (c) above; and

• (f) the adjudicator must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 10 day period for counter-submissions under paragraph (e).

• (3) The appointment of the adjudicator pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the adjudicator considers that further information is necessary to enable the adjudicator to consider the appeal the adjudicator must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the adjudicator and to the other appeal parties by the date specified by the adjudicator. The adjudicator must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the adjudicator within 10 business days of the date specified by the adjudicator but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (e).

• (6) On an appeal under this paragraph, the adjudicator may—

• (a) allow or dismiss the appeal; or

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

and may deal with the application as if it had been made to the adjudicator in the first instance.

• (7) The adjudicator may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the adjudicator such written representations as have been sent outside of the relevant time limits.

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

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

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

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the adjudicator to be paid by the discharging authority, the reasonable costs of the adjudicator are to be met by the undertaker.

• (12) On application by the discharging authority or the undertaker, the adjudicator may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the adjudicator must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may replace it.

Publication of requirements

20

• (1) The undertaker, must, as soon as reasonably practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the discharging authority.

• (2) The register must set out in relation to each requirement the status of the requirement, in terms of whether any approval to be given by the discharging authority has been applied for or given, providing an electronic link to any document containing any approved details.

Anticipatory steps towards compliance with any requirement

21

If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC

PART 1 — A12 AND A146

In the administrative area of East Suffolk Council—

A12 Waveney Drive

1

A length of existing highway proposed to be improved and to be re-classified as part of the A12, along both the northbound and southbound carriageways, commencing from the roundabout junction of Tom Crisp Way (A12) and Horn Hill (A12) in a westerly direction to a point where it joins the existing crossroad junction with Durban Road and Riverside Road, identified by a yellow line on the classification of roads plan.

A12 Lake Lothing Third Crossing Southern Roundabout

2

A length of new and existing highway proposed to be constructed and improved and to be classified as part of the A12 and to be known as the Lake Lothing Third Crossing Southern Roundabout, over the entire length of the circulatory carriageway that will form the improved junction of Waveney Drive (B1531) and Riverside Road (also to be re-classified as part of the A12), identified by a yellow line on the classification of roads plan.

A12 Riverside Road

3

A length of existing highway proposed to be improved and to be classified as part of the A12, along both the northbound and southbound carriageways, commencing at the junction of Waveney Drive (B1531) and Durban Road (unclassified) and extending in a generally northerly direction for a distance of 200 metres, identified by a cyan line on the classification of roads plan.

A12 Lake Lothing Third Crossing

4

A length of new highway proposed to be constructed and to be classified as part of the A12, along both the northbound and southbound carriageways, commencing from the existing Riverside Road at a point 200 metres north of its existing junction with Waveney Drive (B1531) and Durban Road (unclassified), and extending for a distance of 405 metres in a generally northerly direction across Lake Lothing and then continuing in a north-westerly direction, crossing the existing railway (East Suffolk Line) onwards to a point where it joins a proposed new roundabout junction (to be known as “the Lake Lothing Third Crossing Northern Roundabout”), identified by a dashed purple line on the classification of roads plan.

A12 Lake Lothing Third Crossing Northern Roundabout

5

A length of new highway proposed to be constructed and to be classified as part of the A12 and to be known as the Lake Lothing Third Crossing Northern Roundabout, over the entire length of the circulatory carriageway located 75 metres to the south-west of the existing roundabout junction of Rotterdam Road and Denmark Road, identified by a dashed purple line on the classification of roads plan.

A12 Lake Lothing Third Crossing Northern Roundabout

6

A length of new highway, proposed to be constructed and to be classified as part of the A12 (Peto Way), along both the northbound and southbound carriageways, commencing from the proposed Lake Lothing Third Crossing Northern Roundabout and extending for a distance of 70 metres in a north-westerly direction to a point where it joins the existing Peto Way (C970) (which is to be reclassified as the A12) located 145 metres to the east of the existing roundabout junction of Peto Way and Barnards Way, identified by a dashed purple line on the classification of roads plan.

A12 Roundabout (existing junction of Peto Way (C970), Barnards Way and North Quay Retail Park)

7

A length of existing highway proposed to be classified as part of the A12, over the entire length of the circulatory carriageway forming the existing roundabout junction of Peto Way (C970), Barnards Way and North Quay Retail Park, identified by a solid purple line on the classification of roads plan.

A12 Peto Way

8

A length of existing highway to be improved and to be re-classified as part of the A12, commencing from its junction with the western arm of the Lake Lothing Third Crossing Northern Roundabout and extending in a generally north-westerly direction to a point where it joins the existing roundabout junction of Peto Way (C970), Barnards Way and North Quay Retail Park, identified by a solid purple line on the classification of roads plan.

A12 Roundabout (existing junction of Peto Way (C970), Barnards Way and North Quay Retail Park)

9

A length of existing highway proposed to be classified as part of the A12, over the entire length of the circulatory carriageway forming the existing roundabout junction of Peto Way (C970), Barnards Way and North Quay Retail Park, identified by a solid purple line on the classification of roads plan.

A12 Peto Way

10

A length of existing highway proposed to be classified as part of the A12, along both the northbound and southbound carriageways, commencing from the roundabout forming the junction of Peto Way (C970), Barnards Way and North Quay Retail Park extending in a north westerly direction to the point where it joins the existing roundabout junction of Peto Way (C970) and Peto Way (A1117) with Normanston Drive (A1117) and Normanston Drive (A1144) and Fir Lane, identified by a solid purple line on the classification of roads plan.

A12 Roundabout (existing junction of Peto Way (C970) and Peto Way (A1117) with Normanston Drive (A1117) and Normanston Drive (A1144))

11

A length of existing highway proposed to be classified as part of the A12, over the entire length of the circulatory carriageway forming the existing roundabout junction of Peto Way (C970) and Peto Way (A1117) with Normanston Drive (A1117) and Normanston Drive (A1144), identified by a red line on the classification of roads plan.

A12 Peto Way

12

A length of existing highway proposed to be classified as part of the A12, along both the northbound and southbound carriageways, commencing from the roundabout forming the junction of Peto Way (C970) and Peto Way (A1117) with Normanston Drive (A1144) and Normanston Drive (A1117) and Fir Lane, extending in a northerly direction to the point where it joins the existing roundabout junction of Millennium Way (A1117) and Oulton Road, identified by a red line on the classification of roads plan.

A12 Roundabout (existing junction of Oulton Road, Millennium Way and Peto Way)

13

A length of existing highway proposed to be classified as part of the A12, over the entire length of the circulatory carriageway forming the existing roundabout junction of Oulton Road (B1074), Millennium Way (A1117) and Peto Way (A1117). identified by a red line on the classification of roads plan.

A12 Millennium Way

14

A length of existing highway to be re-classified as part of the A12, along both the northbound and southbound carriageways, commencing from the existing roundabout junction of Millennium Way (A1117) and Oulton Road (B1074), extending in a northerly direction to the point where it joins the existing roundabout junction of Park Meadows and Bentley Drive, identified by a red line on the classification of roads plan.

A12 Roundabout (existing junction of Millennium Way, Bentley Drive and Park Meadows)

15

A length of existing highway proposed to be classified as part of the A12, over the entire length of the circulatory carriageway forming the existing roundabout junction of Millennium Way (A1117), Bentley Drive and Park Meadows, identified by a red line on the classification of roads plan.

A12 Millennium Way

16

A length of existing highway to be re-classified as part of the A12, along both the northbound and southbound carriageways, commencing from the existing roundabout junction of Millennium Way (A1117), Park Meadows and Bentley Drive, extending in a northerly direction to the point where it joins the existing roundabout junction of Yarmouth Road (A47), Corton Long Lane (B1385) and Blundeston Road, identified by a red line on the classification of roads plan.

A146 Bridge Road

17

A length of existing highway along both the northbound and southbound carriageways proposed to be re-classified as part of the A146, commencing from the northern end of the A146 Beccles Road (a point 135m from the junction with Cotmer Road in a northerly direction where the road crosses the rail line) and continuing in a general northerly direction up to the existing roundabout junction of Bridge Road, Saltwater Way (A1117) and Victoria Road (B1531), identified by a blue line on the classification of roads plan.

A146 Roundabout (existing junction of Saltwater Way (A1117), Bridge Road (A1117) and Victoria Road (B1531)

18

A length of existing highway proposed to be re-classified as part of the A146, over the entire length of the circulatory carriageway forming the roundabout junction of Saltwater Way (A1117), Bridge Road (A1117) and Victoria Road (B1531), identified by a blue line on the classification of roads plan.

A146 Saltwater Way

19

A length of existing highway along both the northbound and southbound carriageways proposed to be re-classified as part of the A146, commencing from the existing roundabout junction of Bridge Road (A1117) and Victoria Road (B1531) with Saltwater Way (A1117) and continuing in a generally northerly direction to a point where it joins the exit arm of the un-classified section of Bridge Road, identified by a blue line on the classification of roads plan.

A146 Bridge Road

20

A length of existing highway along both the northbound and southbound carriageways proposed to be re-classified as part of the A146, commencing from where Saltwater Way (A1117) joins the exit arm from the existing unclassified section of Bridge Road and extending in a generally northerly direction until it joins the roundabout junction of Commodore Road (unclassified) and Bridge Road (A1117), identified by a blue line on the classification of roads plan.

A146 Roundabout (existing junction of Bridge Road (A1117) and Commodore Road)

21

A length of existing highway proposed to be reclassified as part of the A146, over the entire length of the circulatory carriageway, forming the roundabout junction of Bridge Road (A1117) with Commodore Road, identified by a blue line on the classification of roads plan.

A146 Bridge Road

22

A length of existing highway along both the northbound and southbound carriageways proposed to be re-classified as part of the A146, commencing from the roundabout junction of Bridge Road (A1117) and Commodore Road in a north-easterly direction to a point where it joins the roundabout junction of Bridge Road (A1117), Gorleston Road (B1375) and Normanston Drive (A1117), identified by a blue line on the classification of roads plan.

A146 Roundabout (existing junction of Bridge Road (A1117), Gorleston Road (B1375) and Normanston Drive (A1117))

23

A length of existing highway proposed to be re-classified as part of the A146, over the entire length of the circulatory carriageway forming the roundabout junction of Gorleston Road (B1375), Normanston Drive (A1117) and Bridge Road (A1117), identified by a blue line on the classification of roads plan.

A146 Normanston Drive

24

A length of existing highway along both the northbound and southbound carriageways proposed to be re-classified as part of the A146, commencing from the roundabout junction of Gorleston Road (B1375), Normanston Drive (A1117) and Bridge Road (A1117) in a generally north-easterly direction to a point where it joins the existing roundabout junction of Peto Way (A1117), Normanston Drive (A1117), Peto Way (C970), Normanston Drive (A1144) and Fir Lane (unclassified), identified by a blue line on the classification of roads plan.

PART 2 — OTHER ROADS

C970 Lake Lothing Third Crossing Northern Roundabout northern arm (to/from Denmark Road)

25

A length of new highway proposed to be constructed and to be classified as part of Denmark Road (C970), along both the north-eastbound and south-westbound carriageways, commencing at the proposed Lake Lothing Third Crossing Northern Roundabout and extending in a north-easterly direction for a distance of 25 metres to a point where it joins the existing roundabout junction of Rotterdam Road, Denmark Road and Peto Way (C970), identified by a dashed green line on the classification of roads plan.

Canning Road

26

A length of new highway proposed to be constructed and to be unclassified and known as Canning Road, along both the northbound and southbound carriageways, commencing from the roundabout junction with Canning Road and entrance to East Suffolk Council offices in a northerly direction until its junction with the existing Riverside Road, identified by a dashed orange line on the classification of roads plan.

New Access Road

27

A length of new highway proposed to be constructed and to be unclassified from a point on Waveney Drive 95 metres east of its junction with Waveney Crescent west, in a generally northerly direction for a distance of 236 metres and then in a generally easterly direction towards Riverside Road, for a distance of 158 metres to a point where it joins the western end of the existing Riverside Road, identified by a dashed orange line on the classification of roads plan.

SCHEDULE 4 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of East Suffolk Council	-	-	Reference A A length of new highway from a point on Peto Way 25 metres west of its junction with Rotterdam Road in a generally south westerly direction for a distance of 25 metres.
The rights of way and access plans – sheets 1 and 2	The rights of way and access plans – sheets 1 and 2	The rights of way and access plans – sheets 1 and 2	The rights of way and access plans – sheets 1 and 2
In the administrative area of East Suffolk Council	-	-	Reference B A length of new highway from a point on Peto Way 140 metres west of its junction with Rotterdam Road in a generally southerly direction for a distance of 432 metres.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
In the administrative area of East Suffolk Council	-	-	Reference C A length of new highway from a point on Waveney Drive 95 metres east of its junction with Waveney Crescent west, in a generally northerly direction for a distance of 236 metres and then in a generally easterly direction towards Riverside Road, for a distance of 117 metres.
	-	-	Reference D A length of new highway from a point on Riverside Road 37 metres east of its junction with the entrance to Riverside, in a generally southerly direction to Canning Road, for a distance of 90 metres.
	-	-	Reference E A length of new highway from a point on Riverside Road 62 metres east of the entrance to Riverside in a generally northerly direction for a distance of 40 metres, with one spur extending 32m east at a point 9 metres north of Riverside Road, and a turning head extending east at its northern extent.

PART 2 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted/provided
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of East Suffolk Council	-	-	Reference 1 A new private means of access from the Network Rail works compound area in the south to land occupied by the East Suffolk railway line in the north, to facilitate access for maintenance of the new bridge.
In the administrative area of East Suffolk Council	-	-	Reference 1a A new private means of access from the improved Denmark Road, located 90m south east of the existing Rotterdam Road roundabout, allowing access across the proposed landscaped area to land occupied by the East Suffolk Railway.
In the administrative area of East Suffolk Council	-	-	Reference 1b A new private means of access from the landscaped area, located 50m south of private means of access Reference 1a, allowing access to land occupied by the East Suffolk Railway.
	-	-	Reference 2 A new private means of access from the Associated British Ports’ quayside in the south to the Network Rail works compound area in the north, to facilitate access for maintenance of the new bridge.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
In the administrative area of East Suffolk Council	Reference b Access to land (owned by East Suffolk Council) on the north side of the existing Riverside Road, 5 metres east of its junction with the existing access to premises known as Riverside (occupied by East Suffolk Council and Suffolk County Council).	A length from its junction with the existing Riverside Road northwards, for a distance of 3 metres.	Reference 3 To be substituted by a new private means of access from the new highway (Reference C) and located 27 metres west of the existing access to Riverside, to be granted for the benefit of the land affected by the stopping up of private means of access reference b.
	-	-	Reference 4 A new private means of access from the new highway (Reference E) commencing 72 metres east and 43 metres north of the existing entrance to Riverside, providing access to the new bridge control tower.
	-	-	Reference 4a A new private means of access from the new highway (Reference E), located 34 metres to the north of the existing access from Riverside Road, providing access to premises to the north-east of Riverside Road occupied by Nexen.
	Reference d Access to premises (occupied by UK Power Networks Ltd).	A length from its junction with the existing Riverside Road in a northerly direction for a distance of 3 metres.	Reference 4 To be substituted by a new private means of access from the improved Riverside Road to premises (occupied by UK Power Networks Ltd) located 62 metres east of the existing entrance to Riverside, providing access to a relocated substation, to be granted for the benefit of the land affected by the stopping up of private means of access reference d.
	Reference e Access to premises (occupied by Mobile Broadband Network Limited) on the west side of the existing Riverside Road, 5 metres west of its junction with the existing access to Riverside.	A length from its junction with the existing Riverside Road westwards, for a distance of 58 metres.	Reference 5 To be substituted by a new private means of access from the new highway (Reference C) located 57 metres west of the existing entrance to Riverside, to be granted for the benefit of the land affected by the stopping up of private means of access reference e.
	Reference g Access to premises (occupied by East Suffolk Council) on the south side of the existing Riverside Road, 47 metres east of its junction with the existing access to Riverside.	A length from its junction with the existing Riverside Road southwards, for a distance of 3 metres.	Reference 6 To be substituted by a new private means of access from the new highway (Reference D) located 26 metres south of the existing Riverside Road, to be granted for the benefit of the land affected by the stopping up of private means of access reference g.
	-	-	Reference 7 A new private means of access from the improved Riverside Road 25 metres north of Canning Road, to facilitate access for maintenance of the new bridge southern approach and adjacent utilities.
	-	-	Reference 8 A new private means of access from the north side of the proposed turning head at the end of the improved Canning Road to the west of its existing junction with Riverside Road, to facilitate access for maintenance of the new bridge southern approach and adjacent utilities.
	-	-	Reference 9 A new private means of access from the south side of the improved Canning Road to the west of its existing junction with Riverside Road to facilitate access for maintenance of the new bridge southern approach and adjacent utilities.
	-	-	Reference 10 A new private means of access from the north side of the existing MotorLings access road on the east of its junction with Riverside Road, to facilitate access for maintenance of the new bridge southern approach and adjacent utilities.
	-	-	Reference 11 A new private means of access from the south side of the existing MotorLings access road on the east of its junction with Riverside Road, to facilitate access for maintenance of the new bridge southern approach and adjacent utilities.
	Reference h Access to premises known as Riverside (occupied by East Suffolk Council and Suffolk County Council) on the west side of the existing Canning Road, 82 metres west of its junction with the existing Riverside Road.	A length from its junction with the existing Canning Road north-westwards, for a distance of 10 metres.	Reference 12 To be substituted by a new private means of access from the improved Canning Road, to be granted for the benefit of the land affected by the stopping up of private means of access reference h.
	-	-	Reference 13 A new private means of access located on the west side of the improved Riverside Road, on land 60 metres to the south of the improved Canning Road and enabling access to land occupied by the Riverside Business Centre, to facilitate maintenance of the new bridge southern approach and adjacent utilities.
	-	-	Reference 14 A new private means of access from the improved Waveney Drive, located 45 metres west of the existing Tom Crisp Way roundabout, to facilitate access for maintenance of the new bridge southern approach and adjacent utilities.
	Reference i Access to premises at Lings Wharf, (occupied by Motorlings and others) on the east side of the existing Riverside Road, 139 metres north of its junction with the existing Waveney Drive.	A length from its junction with the existing Riverside Road eastwards, for a distance of 8 metres.	Reference 15 To be substituted by a new private means of access from the improved Waveney drive located 45 metres to the west of the Tom Crisp Way roundabout, providing access to premises on the north side of Waveney Drive, occupied by MotorLings, to be granted for the benefit of the land affected by the stopping up of private means of access reference i.
	Reference j Access to premises at Lings Wharf, (occupied by Motorlings and others) on the east side of the existing Riverside Road, 68 metres north of its junction with the existing Waveney Drive.	A length from its junction with the existing Riverside Road eastwards, for a distance of 6 metres.	Reference 15 To be substituted by a new private means of access from the improved Waveney drive located 45 metres to the west of the Tom Crisp Way roundabout, providing access to premises on the north side of Waveney Drive, occupied by MotorLings, to be granted for the benefit of the land affected by the stopping up of private means of access reference j.
	-	-	Reference 16 A new private means of access from the eastern side of the land owned and occupied by MotorLings, to land directly north of the Tom Crisp Way roundabout, to enable egress from the MotorLings site to the roundabout.
	-	-	Reference 17 A new private means of access to premises known as No.1b Durban Road from Durban Road at a point 25 metres south of the existing junction of Waveney Drive with Durban Road for a distance of 8 metres, to be granted for the benefit of No.1b Durban Road.
	Reference n Access to the existing garages on the south side of Durban Road 19 metres south of the junction of Durban Road with Waveney Drive.	A length from its junction with the existing Durban Road in a south-easterly direction for a distance of 5 metres.	Reference 18 To be substituted by a new private means of access providing pedestrian access from the new bridge southern roundabout, to be granted for the benefit of the land affected by the stopping up of private means of access reference n.
	Reference o Access to the premises known as Bellablue Beauty Clinic.	A length from its junction with the existing Waveney Drive in a southerly direction for a distance of 9 metres.	Reference 19 To be substituted by a new private means of access providing pedestrian access from the new bridge southern roundabout, to be granted for the benefit of the land affected by the stopping up of private means of access reference o.
	Reference p Access to No. 34 Waveney Drive.	A length from its junction with the existing Waveney Drive in a southerly direction for a distance of 2 metres.	Reference 20 To be substituted by a new private means of access providing pedestrian access from the westerly approach to the new bridge southern roundabout, to be granted for the benefit of the land affected by the stopping up of private means of access reference p.
	Reference q Access to No. 32 Waveney Drive.	A length from its junction with the existing Waveney Drive in a southerly direction for a distance of 2 metres.	Reference 21 To be substituted by a new private means of access providing pedestrian access from the westerly approach to the new bridge southern roundabout, to be granted for the benefit of the land affected by the stopping up of private means of access reference q.
	Reference r Access to Lings Wharf, (occupied by Motorlings and others) 29 metres west of the Tom Crisp Way Roundabout.	A length from its junction with the existing Waveney Drive in a northerly direction for a distance of 2 metres.	Reference 15 To be substituted by a new private means of access from the improved Waveney drive located 45 metres to the west of the Tom Crisp Way roundabout, providing access to premises on the north side of Waveney Drive, occupied by MotorLings, to be granted for the benefit of the land affected by the stopping up of private means of access reference r.

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private Means of Access to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of East Suffolk Council.	Reference a Access to land (owned by Suffolk County Council)	A length from its junction with the existing junction of Peto Way/Denmark Road with Rotterdam Road in a southerly direction for a distance of 8 metres.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
In the administrative area of East Suffolk Council.	Reference c Access to land (occupied by East Suffolk Council) on the north side of Riverside Road 27 metres east of the access to Riverside.	A length from its junction with the existing Riverside Road in a westerly direction for a distance of 3 metres.
In the administrative area of East Suffolk Council.	Reference f Access to land (occupied by East Suffolk Council) on the west side of Riverside Road 5 metres west of the access to Riverside.	A length from its junction with the existing Riverside Road in a westerly direction for a distance of 2 metres.
In the administrative area of East Suffolk Council.	Reference k Access to No. 42 Waveney Drive on the south side of Waveney Drive 42 metres west of the junction of Waveney Drive with Riverside Road.	A length from its junction with the existing Durban Road in a north-westerly direction for a distance of 3 metres.
In the administrative area of East Suffolk Council.	Reference l Access to No. 42 Waveney Drive on the north side of Durban Road 44 metres south-west of the junction of Waveney Drive with Durban Road.	A length from its junction with the existing Riverside Road in a westerly direction for a distance of 3 metres.
In the administrative area of East Suffolk Council.	Reference m Access to No. 42 Waveney Drive on the north side of Durban Road 54 metres south-west of the junction of Waveney Drive with Durban Road.	A length from its junction with the existing Durban Road in a westerly direction for a distance of 3 metres.

SCHEDULE 5 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Work number in which trees are situated
Trees within the areas identified as T4 and G1 in the First Schedule to the Waveney District Council Tree Preservation Order (No. 61) dated 4 January 1985 and being trees located on land at 42 Waveney Drive, Lowestoft, and shown on the tree preservation order trees location plan.	Work No. 2
Tree within the area marked T1 in the First Schedule to the Waveney District Council Tree Preservation Order 1999 (No. 269) dated 20 January 1999 and being a single tree located on land north of No.1a Durban Road, Lowestoft and shown on the tree preservation order trees location plan.	Work No. 2

SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

PART 1 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Purpose(s) for which rights over land may be acquired
The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2
In the administrative area of East Suffolk Council	2-14, 2-17, 2-21, 2-27, 2-30	New rights (including the imposition of restrictive covenants) for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge.
In the administrative area of East Suffolk Council	2-34	New rights (including the imposition of restrictive covenants) for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge, including a right of access along Commercial Road (from the point where it ceases to be public highway to the location of the new bridge), as shown on sheet 1 of the rights of way and access plans.
The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3
In the administrative area of East Suffolk Council	3-03, 3-06, 3-08, 3-11, 3-36, 3-55	New rights (including the imposition of restrictive covenants) for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge.
In the administrative area of East Suffolk Council	3-12, 3-39	New rights (including the imposition of restrictive covenants) for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge.
In the administrative area of East Suffolk Council	3-29, 3-32, 3-50	New rights (including the imposition of restrictive covenants) required for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge; and, for the benefit of the undertaker and relevant statutory undertakers, for the provision of private means of access to land as shown on sheet 2 of the rights of way and access plans, and in connection with the diversion, protection and maintenance of, and access to, statutory undertakers' apparatus.
In the administrative area of East Suffolk Council	3-41	New rights (including the imposition of restrictive covenants) for the benefit of the undertaker for the purpose of providing and maintaining appropriate visibility across the new public highway.
In the administrative area of East Suffolk Council	3-45, 3-47	New rights (including the imposition of restrictive covenants) required for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge southern approach, and for the benefit of the undertaker and relevant statutory undertakers for the provision of private means of access as shown on sheet 2 of the rights of way and access plans, and in connection with the diversion, protection and maintenance of, and access to, statutory undertakers' apparatus.
The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4
In the administrative area of East Suffolk Council	4-05	New rights (including the imposition of restrictive covenants) for the benefit of the undertaker for the purpose of providing and maintaining appropriate visibility across the new public highway.
In the administrative area of East Suffolk Council	4-07, 4-08, 4-09	New rights (including the imposition of restrictive covenants) required for the benefit of relevant statutory undertakers in connection with the diversion, protection and maintenance of, and access to statutory undertakers' apparatus.
The land plans – sheet 5	The land plans – sheet 5	The land plans – sheet 5
In the administrative area of East Suffolk Council	5-03, 5-10, 5-31	New rights (including the imposition of restrictive covenants) required for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge southern approach and for the benefit of relevant statutory undertakers in connection with the diversion, protection and maintenance of, and access to statutory undertakers' apparatus.
In the administrative area of East Suffolk Council	5-14	New rights (including the imposition of restrictive covenants) for the benefit of relevant statutory undertakers in connection with the diversion, protection and maintenance of and access to statutory undertakers' apparatus and for the provision of a private means of access to land on the north side of Waveney Drive, as shown on sheet 2 of the rights of way and access plans, for the benefit of that land.
In the administrative area of East Suffolk Council	5-15	New rights (including the imposition of restrictive covenants) for the purpose of providing a private means of access to land adjacent to the new bridge, as shown on sheet 2 of the rights of way and access plans, for the benefit of that land.
In the administrative area of East Suffolk Council	5-27	New rights (including the imposition of restrictive covenants) required for the benefit of the undertaker for the purpose of constructing, protecting, accessing and maintaining the new bridge southern approach; for the provision of private means of access to land as shown on sheet 2 of the rights of way and access plans for the benefit of that land; and for the benefit of the relevant statutory undertaker in connection with the diversion, protection and maintenance of, and access to statutory undertakers' apparatus.

PART 2 — RIGHTS FOR THE BENEFIT OF CADENT

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Purpose(s) for which rights over land may be acquired
In the administrative area of East Suffolk Council	3-29, 3-32, 3-50	New rights (including the imposition of restrictive covenants) to divert, lay, construct, inspect, maintain, protect, use, replace, remove or render unusable, and to access as required for these purposes, a pipeline for the distribution or storage of gas or other ancillary materials (whether such gas or materials are transmitted by Cadent on its own behalf or on behalf of other persons).

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 7 to the Lake Lothing (Lowestoft) Third Crossing Order 2020 (“the 2020 Order”); (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 7 to the 2020 Order) to acquire an interest in the land; and (c) the acquiring authority enters on and take possession of that land, the authority is deemed for the purposes of subsection 3(a) to have entered onto that land where it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3) of this Schedule—

• (a) for “land is acquired or taken from” substitute “ a right or restrictive covenant over land is purchased from or imposed on ”; and

• (b) for “acquired or taken from him” substitute “ over which the right is exercisable or the restrictive covenant enforceable ”.

Application of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 32 (modification the 1965 Act)) to the acquisition of land under article 22 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or the imposition of a restrictive covenant under article 26 (compulsory acquisition of rights)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

• (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 22 (compulsory acquisition of land), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on a specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20 (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 32(4) is also modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) This Schedule applies where an acquiring authority (“the authority”) serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 31 (application of the 1981 Act) of the Lake Lothing (Lowestoft) Third Crossing Order 2020 in respect of the land to which the notice to treat relates. (2) But see article 27(4) (acquisition of subsoil or airspace only) of the Lake Lothing (Lowestoft) Third Crossing Order 2020 which excludes the acquisition of subsoil or airspace only from the application of this Schedule. (3) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (15) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 8 — LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Height above Ordnance Datum (m)	(4) Purpose(s) for which airspace and new rights may be acquired
The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2
In the administrative area of East Suffolk Council	2-26, 2-28	7.805 metres	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge.
In the administrative area of East Suffolk Council	2-29	8.315 metres	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge.
In the administrative area of East Suffolk Council	2-32	8.155 metres	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge.
In the administrative area of East Suffolk Council	2-33	8.230 metres	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge.
The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3
In the administrative area of East Suffolk Council	3-33	8.230 metres	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge.
In the administrative area of East Suffolk Council	3-34	13.480 metres	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge.
In the administrative area of East Suffolk Council	3-35, 3-37, 3-38	8.065 metres	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge.

SCHEDULE 9 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2
In the administrative area of East Suffolk Council	2-13, 2-15, 2-16, 2-19, 2-20, 2-22, 2-31	Temporary possession to provide working space for the construction of the new bridge and the new bridge approaches.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3
In the administrative area of East Suffolk Council	3-01, 3-02	Temporary possession to provide working space for the construction of the new bridge.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-10, 3-54	Temporary possession to provide working space for the construction of the new bridge and the new mooring.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-14, 3-16	Temporary possession to provide working space for the construction of the new bridge and a construction compound to facilitate all works.	The land plans – sheet 3
In the administrative area of East Suffolk Council	3-15	Temporary possession to provide working space for the construction of the new bridge and a construction compound to facilitate all works.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-21	Temporary possession of land to construct a replacement access to premises and to facilitate construction of the new extension of Canning Road.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-22, 3-25	Temporary possession of land to provide working space for the construction of the new extension to Canning Road.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-42	Temporary possession of land to provide working space for the construction of the new extension to Canning Road and improvements to Riverside Road.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-56	Temporary possession of land to facilitate phased reconfiguration of commercial premises located on land to the south of and outside the Order limits around plots 3-57 and 3-58.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-57	Temporary possession of land to provide access to facilitate the phased reconfiguration of commercial premises located on land to the south of and outside the Order limits around plots 3-57 and 3-58.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	3-59	Temporary possession of land to provide working space for the construction of the new access road between Waveney Drive and the improved Riverside Road.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4
In the administrative area of East Suffolk Council	4-01, 4-04	Temporary possession of land to provide working space for the construction of the new access road between Waveney Drive and the improved Riverside Road.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
The land plans – sheet 5	The land plans – sheet 5	The land plans – sheet 5	The land plans – sheet 5
In the administrative area of East Suffolk Council	5-06	Temporary possession of land to provide working space for the improvement of Riverside Road and Waveney Drive and the construction of the new southern roundabout.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	5-28	Temporary possession of land to provide working space for the improvement of Riverside Road (to become the new bridge southern approach).	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge
In the administrative area of East Suffolk Council	5-35, 5-36	Temporary possession of land to provide working space for the improvement of Durban Road and Waveney Drive and the construction of the new southern roundabout.	Airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the benefit of the undertaker, for the protection and maintenance of the new bridge

SCHEDULE 10 — THE LOWESTOFT THIRD CROSSING BYELAWS 2020

PART 1 — PRELIMINARY

Citation and commencement

1

These byelaws may be cited as the Lowestoft Third Crossing Byelaws 2020 and were made under article 46 of the Lowestoft (Lake Lothing) Third Crossing Order 2020.

Interpretation

2

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

• “appointed person” means—a person acting in the course of that person's duties who—is an employee, agent, contractor or sub-contractor of Suffolk County Council; 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 within the new bridge area;

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

• “the byelaws” means these byelaws;

• “cycleways” means the parts of the new bridge area allocated for the passage of bicycles and pedestrians only;

• “existing bridge” means the opening bridge crossing Lake Lothing and known as the Lowestoft A47 Bascule Bridge;

• “footways” means the parts of the new bridge area allocated for the passage of pedestrians only;

• “Lake Lothing” means the navigable saltwater lake within the town of Lowestoft in the area of East Suffolk Council between the North Sea and Oulton Broad, as identified by reference points 652111E, 292801N, 655207E, 292615N;

• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

• “the new bridge” means Work Nos. 1B, 1C, 1D and 1E as set out in Schedule 1 to the Order (and including without limitation the piers, bridge deck, carriageway and parapets);

• “the new bridge area” means the new bridge, the new bridge approaches, the new bridge control building area, and the new bridge infrastructure, as shown on the new bridge area plans;

• “the new bridge approaches” means the northern and southern approaches to the new bridge (respectively “the new bridge northern approach” and “the new bridge southern approach”), the locations of which are shown on the new bridge area plan;

• “the new bridge area plan” means the plan of that description as referenced in Schedule 14 (documents to be certified) and certified by the Secretary of State pursuant to Article 60 of the Order;

• “new bridge control building” means the control tower building for the new bridge which forms part of Work No. 6 as set out in Schedule 1 to the Order;

• “new bridge control building area” means the area outlined in green on sheet 2 of the new bridge area plans;

• “the new bridge infrastructure” means the infrastructure elements supporting the new bridge including (without limitation) the cables, drainage, electricity and water supplies, and fenders relating to the new bridge, as well as any plant and machinery and any emergency, safety or communications equipment required for the construction, maintenance or operation of the new bridge;

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

• “open” unless the context does not relate to the new bridge means any point in time when the surface of the new bridge is raised to allow for the passing of vessels under the new bridge;

• “the Order” means the Lake Lothing (Lowestoft) Third Crossing Order 2020;

• “pontoon” means the mooring which forms Work No.7 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;

• “the undertaker” has the same meaning as in the Order;

• “vaporiser” means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device; and

• “vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 1968 .

• (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

Within the new bridge area a person must not—

• (a) smoke or carry an item that is alight including a lit cigar, cigarette, cigarillo, match, pipe 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) the new bridge infrastructure;

• (b) enter the new bridge control building area without prior consent from an appointed person;

• (c) 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 prior consent from an appointed person;

• (d) drop or allow to fall anything on to the new bridge or the new bridge approaches or over the parapet of the new bridge or 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;

• (e) post a bill, placard or notice within the new bridge area;

• (f) write, print, draw or paint on or cut, mark or stamp any part of the new bridge area;

• (g) fix anything to the new bridge or the new bridge infrastructure;

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

• (i) 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;

• (j) offer for sale or sell any article or thing of any description in the new bridge area without the consent of Suffolk County Council;

• (k) move, alter, deface or otherwise interfere with any notice belonging to Suffolk County Council which is exhibited or placed in the new bridge area;

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

• (m) use abusive behaviour or threatening language or gestures in the new bridge area.

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 there is a notice prohibiting or restricting access.

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

• (3) A driver of a motor vehicle must not sleep within the new bridge area.

• (4) An appointed person may prevent the driver of a motor vehicle from gaining access to the new bridge area if the appointed 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.

• (5) A person must not attempt to use or cross the new bridge—

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

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

• (c) whenever the new bridge is in the process of opening or closing.

Traffic regulation

6

• (1) A person (other than an appointed 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.

• (2) A person (other than an appointed person) must not use or cause to be used within the new bridge area vehicles which emit 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 new bridge area apart from the footways and cycleways unless directed to do so by an appointed person.

• (4) A person with a bicycle must not enter any part of the new bridge area apart from the cycleways unless directed to do so by an appointed person.

• (5) A person must not drive a motor vehicle onto the footways or cycleways unless directed to do so by an appointed person.

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

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

• (8) A person must not abandon a motor vehicle in the new bridge area except in an emergency and as directed by an appointed 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 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 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 is 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 appointed person.

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

• (a) immediately notify an appointed person of the breakdown; and

• (b) switch on the motor vehicle's hazard lights.

• (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 Lake Lothing must—

• (a) not attempt to reclaim the load;

• (b) immediately inform an appointed person of the loss of the load; and

• (c) immediately inform an appointed person of the identity of, and contact details for, the owner of the load.

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

PART 4 — GENERAL

Saving for appointed persons

7

Nothing in these byelaws prevents an appointed 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 appointed person.

SCHEDULE 11 — TRAFFIC REGULATION MEASURES

PART 1 — SPEED LIMITS AND RESTRICTED ROADS

Note 1: Where roads are to become restricted roads as indicated in this Schedule (Part 1) and as shown on the plans relating to this Schedule (the traffic regulation measures plans (speed limits and restricted roads)), speed limits are to apply in accordance with the provision of the 1984 Act (which defines speed limits of 30mph on ‘restricted’ roads by reference to street lighting).

Note 2: Where existing speed limits (to be retained) are shown on the traffic regulation measures plans (speed limits and restricted roads) (sheets 1 and 2) which relate to Part 1 of this Schedule, this is for information only and such speed limits are not subject to this Order.

(1) Area	(2) Road name number and length	(3) Speed limit and restricted roads status
The traffic regulation measures (speed limits and restricted roads) plans – sheet 1	The traffic regulation measures (speed limits and restricted roads) plans – sheet 1	The traffic regulation measures (speed limits and restricted roads) plans – sheet 1
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing A length of new highway from a point on the existing C970 Peto Way 135 metres to the east of the existing roundabout junction of Rotterdam Road and Denmark Road in a south easterly direction to a point where it joins the A12 Lake Lothing Third Crossing Northern Roundabout along both the northbound and southbound carriageways.	Restricted road
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing Northern Roundabout A length of new highway comprising the A12 Lake Lothing Third Crossing Northern Roundabout along the entire length of the circulatory carriageway.	Restricted road
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing A length of new highway from a point where it departs from the new A12 Lake Lothing Third Crossing Northern Roundabout to a point where it joins the existing roundabout junction of Rotterdam Road and Denmark Road along both the northbound and southbound carriageways.	Restricted road
The traffic regulation measures (speed limits and restricted roads) plans – sheets 1 and 2	The traffic regulation measures (speed limits and restricted roads) plans – sheets 1 and 2	The traffic regulation measures (speed limits and restricted roads) plans – sheets 1 and 2
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing A length of new highway from a point where it departs from the new A12 Lake Lothing Third Crossing Northern Roundabout in a generally southerly direction for a distance of 604 metres to a point where it joins the new A12 Lake Lothing Third Crossing Southern Roundabout along both the northbound and southbound carriageways.	Restricted road
The traffic regulation measures (speed limits and restricted roads) plans – sheet 2	The traffic regulation measures (speed limits and restricted roads) plans – sheet 2	The traffic regulation measures (speed limits and restricted roads) plans – sheet 2
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing Southern Roundabout A length of improved highway comprising the Lake Lothing Third Crossing Southern Roundabout along the entire length of the circulatory carriageway.	Restricted road
In the administrative area of East Suffolk Council	B1531 Waveney Drive A length of improved carriageway comprising the western spur of the new Lake Lothing Third Crossing Southern Roundabout in a westerly direction for a distance of 43 metres along both the westbound and eastbound carriageways.	Restricted road
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing A length of improved carriageway comprising the eastern spur of the new Lake Lothing Third Crossing Southern Roundabout in an easterly direction for a distance of 33 metres, along both the westbound and eastbound carriageways.	Restricted road
In the administrative area of East Suffolk Council	New Access Road from Waveney Drive to Riverside Road A length of new highway from a point on Waveney Drive 95 metres east of its junction with Waveney Crescent west, in a generally northerly direction for a distance of 236 metres and then in a generally easterly direction towards Riverside Road, for a distance of 158 metres.	Restricted road
In the administrative area of East Suffolk Council	Canning Road A length of new highway from a point on the existing Riverside Road 37 metres east of the entrance to premises known as Riverside (4 Canning Road), in a generally southerly direction for a distance of 90 metres to its junction with the improved Canning Road along both the northbound and southbound carriageways.	Restricted road
In the administrative area of East Suffolk Council	Canning Road Roundabout A length of improved highway on the existing Canning Road, comprising a new roundabout and improved access to premises known as Riverside (4 Canning Road) along the entire length of the circulatory carriageway and access.	Restricted road
In the administrative area of East Suffolk Council	New Access Road to Control Tower and Nexen Group premises A length of new highway from a point on the existing Riverside Road 55 metres east of the northern entrance to premises known as Riverside (4 Canning Road), in a generally north-easterly direction and forming a turning head for the Control Tower and providing new highway access to land on the east side of the new bridge southern approach (being premises occupied by Nexen), for a distance of 50 metres on the northbound and southbound carriageways.	Proposed 30mph Speed Limit

PART 2 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)