The Lake Lothing (Lowestoft) Third Crossing Order 2020

(1) Area	(2) Road name number and length	(3) Measures
The traffic regulation measures plans (clearways and prohibitions) – sheet 1	The traffic regulation measures plans (clearways and prohibitions) – sheet 1	The traffic regulation measures plans (clearways and prohibitions) – sheet 1
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing A length of new and improved highway from a point on the existing C970 Peto Way 173 metres to the west of the improved 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.	Clearway
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing Northern Roundabout A length of new circulatory highway comprising the A12 Lake Lothing Third Crossing Northern Roundabout along the entire length of the circulatory carriageway.	Clearway
In the administrative area of East Suffolk Council	Denmark Road A length of new and improved highway from a point where it departs from the proposed Lake Lothing Third Crossing Northern Roundabout along both the northbound and southbound carriageways to a point where it joins the improved roundabout forming the junction between Rotterdam Road and Denmark Road for a distance of 48 metres including the entire length of the circulatory carriageway.	Clearway
In the administrative area of East Suffolk Council	Denmark Road A length of improved highway from a point from the improved roundabout forming the junction between Rotterdam Road and Denmark Road for a distance of 165 metres in an easterly direction along the eastbound carriageway of Denmark Road.	No waiting (at any time)
In the administrative area of East Suffolk Council	Denmark Road A length of improved highway from a point from the improved roundabout forming the junction between Rotterdam Road and Denmark Road for a distance of 35 metres in an easterly direction along the westbound carriageway of Denmark Road.	No waiting (at any time)
In the administrative area of East Suffolk Council	Rotterdam Road A length of improved highway from a point from the improved roundabout junction of Rotterdam Road and Denmark Road for a distance of 5 metres in a northerly direction along the northbound carriageway of Rotterdam Road.	No waiting (at any time)
In the administrative area of East Suffolk Council	Rotterdam Road A length of improved highway from a point from the improved roundabout junction of Rotterdam Road and Denmark Road for a distance of 50 metres in a northerly direction along the southbound carriageway of Rotterdam Road.	No waiting (at any time)
In the administrative area of East Suffolk Council	Peto Way A length of existing highway to be improved from a point where it departs from the proposed A12 Lake Lothing Third Crossing 129 metres west of the improved roundabout junction of Rotterdam Road and Denmark Road for a distance of 56 metres in an easterly direction to a point where it joins the new access road from the improved existing roundabout junction of Rotterdam Road and Denmark Road to the Lake Lothing Third Crossing Northern Roundabout.	Clearway
In the administrative area of East Suffolk Council	Peto Way A length of existing highway (eastbound carriageway only) from the point where it departs from the A12 Lake Lothing Third Crossing eastwards for a distance of 80 metres.	Prohibition of entry for vehicles travelling west.
The traffic regulation measures plans (clearways and prohibitions) – sheets 1 and 2	The traffic regulation measures plans (clearways and prohibitions) – sheets 1 and 2	The traffic regulation measures plans (clearways and prohibitions) – sheets 1 and 2
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing A length of new and improved highway from its junction with the A12 Lake Lothing Third Crossing Northern Roundabout in a generally southerly direction for a distance of 604 metres to its junction with the A12 Lake Lothing Third Crossing Southern Roundabout along both the northbound and southbound carriageways.	Clearway
The traffic regulation measures plans (clearways and prohibitions) – sheet 2	The traffic regulation measures plans (clearways and prohibitions) – sheet 2	The traffic regulation measures plans (clearways and prohibitions) – sheet 2
In the administrative area of East Suffolk Council	A12 Lake Lothing Third Crossing Southern Roundabout A length of new circulatory highway comprising the A12 Lake Lothing Third Crossing Southern Roundabout along the entire length of the circulatory carriageway.	Clearway
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 100 metres east of its junction with Waveney Crescent West, in a generally northerly direction for a distance of 236 metres along both the northbound and southbound carriageways.	No waiting (at any time)
In the administrative area of East Suffolk Council	Riverside Road A length of new highway from a point on the existing Riverside Road 175 metres west of the northern entrance to premises known as Riverside (4 Canning Road), in an easterly direction towards the existing Riverside Road, for a distance of 107 metres on the eastbound carriageway	No waiting (at any time)
In the administrative area of East Suffolk Council	Riverside Road A length of improved highway from a point on the existing Riverside Road 47 metres west of the northern entrance to premises known as Riverside (4 Canning Road), in an easterly direction towards the existing Riverside Road, for a distance of 25 metres on the eastbound carriageway	No waiting (at any time)
In the administrative area of East Suffolk Council	Riverside Road A length of improved highway from a point on the existing Riverside Road 43 metres east of the northern entrance to premises known as Riverside (4 Canning Road), in an easterly direction towards the existing Nexen access for a distance of 65 metres on the eastbound carriageway	No waiting (at any time)
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 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.	No waiting (at any time)
In the administrative area of East Suffolk Council	Riverside Road A length of new and improved highway from a point on the existing Riverside Road 145 metres west of the northern entrance to premises known as Riverside (4 Canning Road), in an easterly direction towards the existing Nexen access, for a distance of 250 metres on the westbound carriageway	No waiting (at any time)
In the administrative area of East Suffolk Council	New Access Road from Riverside Road to Canning Road A length of new highway from a point on the existing Riverside Road 37 metres east of the northern 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 the southbound carriageways.	No waiting (at any time)
In the administrative area of East Suffolk Council	New Access Road from Riverside Road to Canning Road A length of new highway from a point on the existing Riverside Road 37 metres east of the northern entrance to premises known as Riverside (4 Canning Road), in a generally southerly direction for a distance of 6 metres to its junction with the improved Canning Road along the northbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	New Access Road forming new eastern entrance into Riverside A length of new highway from a point on the existing Canning Road 55 metres west of the Registry Office access in a westerly direction for a distance of 10 metres along both the eastbound and westbound carriageways.	No waiting (at any time)
In the administrative area of East Suffolk Council	New Access Road south from Canning Road A length of new highway from the improved junction of Canning Road in a southerly direction for a distance of 45 metres on the northbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Canning Road The length of the existing Canning Road from a point 19 metres east of the improved entrance to the premises known as Riverside (4 Canning Road) in a generally south-westerly direction for a distance of 32 metres along the eastern side of the carriageway only.	No waiting (at any time)
In the administrative area of East Suffolk Council	Canning Road A length of improved highway from a point on the existing Canning Road 8 metres east of the Registry Office Access for a length of 9 metres in an easterly direction and being the length of highway comprising the new Canning Road turning head	No waiting (at any time)
In the administrative area of East Suffolk Council	Durban Road From a point 185 metres north east of the junction of Kimberley Road with Durban Road, in a generally north-easterly direction for a distance of 36 metres, and being the length of highway comprising the new Durban Road turning head.	No waiting (at any time)
In the administrative area of East Suffolk Council	B1531 Waveney Drive On the north side, from the new A12 Lake Lothing Third Crossing Southern Roundabout for a distance of 50 metres in an easterly direction. On the south side, from the new A12 Lake Lothing Third Crossing Southern Roundabout for a distance of 40 metres in an easterly direction.	Clearway
In the administrative area of East Suffolk Council	B1531 Waveney Drive An improved length of the existing Waveney Drive from a point 55 metres east of its junction with Waveney Crescent West in an easterly direction for 130 metres along both the westbound and eastbound carriageways.	No waiting (at any time)
In the administrative area of East Suffolk Council	B1531 Waveney Drive Waveney Drive from a point 80 metres west of the A12 Lake Lothing Third Crossing Southern Roundabout in an easterly direction for a distance of 80 metres along both the westbound and eastbound carriageways.	Clearway
In the administrative area of East Suffolk Council	Durban Road A length of the improved Durban Road from a point 450 metres north east of the existing junction of Kimberley Road with Durban Road for a distance of 5 metres, south-west from the outer edge of the Lake Lothing Third Crossing Southern Roundabout across both the northbound and southbound carriageways	The prohibition of use by motorised vehicles except for emergency vehicles which may access Durban Road from both its southern and northern ends (including via its junction with the new southern roundabout) and may travel either northbound or southbound on Durban Road; and except for the motorised vehicles of owners and occupiers of and visitors to No. 1b Durban Road in respect of which access is permitted via the southern end of Durban Road only.
The traffic regulation measures plans (clearways and prohibitions) – sheet 3	The traffic regulation measures plans (clearways and prohibitions) – sheet 3	The traffic regulation measures plans (clearways and prohibitions) – sheet 3
In the administrative area of East Suffolk Council	Kimberley Road A length of Kimberley Road for a distance of 28 metres in a westerly direction from its junction with Durban Road along both the eastbound and westbound carriageways.	No waiting (at any time) No loading or unloading (at any time).
In the administrative area of East Suffolk Council	Kimberley Road A length of Kimberley Road for a distance of 30 metres in an easterly direction from its junction with Waveney Drive along both the eastbound and westbound carriageways.	No waiting (at any time)
In the administrative area of East Suffolk Council	Kirkley Run A length of Kirkley Run for a distance of 41 metres in a southerly direction from a point 14 metres north of the centre of Notley Road along the edge of the north-westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Kirkley Run A length of Kirkley Run for a distance of 24 metres in a southerly direction from the junction of Kirkley Run and Notley Road along the south-eastbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 55 metres in a generally north-easterly direction from the junction with Kirkley Run along the westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 17 metres in an easterly direction from a point 79 metres east of the junction with Kirkley Run along the westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 17 metres in a generally easterly direction from a point 147 metres east of the junction with Kirkley Run along the westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 17 metres in a generally easterly direction from a point 199 metres east of the junction with Kirkley Run along the westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 17 metres in a westerly direction from a point 207 metres west of the junction of Notley Road with Durban Road and the access to Waveney Gymnastics Club, on the westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 17 metres in an easterly direction from a point 174 metres west of the junction of Notley Road with Durban Road and the access to Waveney Gymnastics Club, on the westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 82 metres in an easterly direction from a point 85 metres west of the centre of the junction of Notley Road with Durban Road and the access to Waveney Gymnastics Club, on the westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 420 metres in an easterly direction from the junction with Kirkley Run along the eastbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 17 metres in an easterly direction from a point 85 metres west of the centre of the junction of Notley Road with Durban Road and the access to Waveney Gymnastics Club, on the eastbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Notley Road A length of Notley Road for a distance of 21 metres in a generally westerly direction from the centre of the junction between Notley Road, Durban Road and the access to Waveney Gymnastics Club along the eastbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Durban Road A length of Durban Road for a distance of 21 metres in a north-easterly direction from the junction of Notley Road with Durban Road and the access to Waveney Gymnastics Club, on the north-eastbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Durban Road A length of Durban Road for a distance of 16 metres in a south-westerly direction from a point 18 metres east of the junction of Notley Road with Durban Road and the access to Waveney Gymnastics Club, on the south-westbound carriageway.	No waiting (at any time)
In the administrative area of East Suffolk Council	Access to Waveney Gymnastics Club Access to Waveney Gymnastics Club for a distance of 67 metres in a generally south-westerly direction from the junction of Notley Road with Durban Road and the access to the Waveney Gymnastics Club, on both sides of the carriageway.	No waiting (at any time)

PART 3 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

(1) Area	(2) Road name number and length	(3) Order	(4) Revocations or variations
The traffic regulation measures plans (clearways and prohibitions) – sheet 1	The traffic regulation measures plans (clearways and prohibitions) – sheet 1	The traffic regulation measures plans (clearways and prohibitions) – sheet 1	The traffic regulation measures plans (clearways and prohibitions) – sheet 1
In the administrative area of East Suffolk Council	Rotterdam Road West side from a point 15 metres north of its junction with Eastern Way in a south-easterly direction to a point 15 metres east of its junction with Hervey Street.	District of Waveney (Various Roads in Lowestoft) (Prohibition of Waiting) Order 1987	Order to be partially revoked to the extent identified on sheet 1 by a dashed orange line.
In the administrative area of East Suffolk Council	Denmark Road The west side from a point 15 metres north of its junction with Eastern Way in a south-easterly direction to a point 15 metres east of its junction with Hervey Street save for a length of 25 metres where it passes across the existing junction of Denmark Road, Rotterdam Road and Peto Way.	District of Waveney (Various Roads in Lowestoft) (Prohibition of Waiting) Order 1987	Order to be partially revoked to the extent identified on sheet 1 by a dashed orange line.
In the administrative area of East Suffolk Council	Peto Way and Rotterdam Road From a point 37 metres south of its junction with Eastern Way in a south-westerly direction towards Peto Way for a distance of 6 metres.	Suffolk County Council (Eastern Way, Essex Road, Norfolk Street and Rotterdam Road) (Prohibition of Waiting, On-Street Parking Place and Revocation) Order 2012	Order to be partially revoked to the extent identified on sheet 1 by a dashed orange line.
In the administrative area of East Suffolk Council	Peto Way North side and south side, from a point 102 metres east of the existing roundabout junction of Peto Way and Barnards Way for a distance of 180 metres in a generally easterly direction.	Suffolk County Council (Grove Road, Peto Way and St. Peters Street, Lowestoft) (Prohibition and Restriction of Waiting and Loading, Clearway and Revocation) Order 2009	Order to be partially revoked to the extent identified on sheet 1 by a dashed orange line.
The traffic regulation measures plans (clearways and prohibitions) – sheet 2	The traffic regulation measures plans (clearways and prohibitions) – sheet 2	The traffic regulation measures plans (clearways and prohibitions) – sheet 2	The traffic regulation measures plans (clearways and prohibitions) – sheet 2
In the administrative area of East Suffolk Council	Riverside Road West side, from a point 42 metres to the north-east of the centreline of its junction with Canning Road for a distance of 175 metres to the south to its junction with the B1351 Waveney Drive. East side, from a point 42 metres to the north east of the centreline of its junction with Canning Road for a distance of 175 metres to the south to its junction with the B1351 Waveney Drive.	The Borough of Lowestoft (St. Margaret’s Road and Riverside Road) (Street Parking Places) Order 1966 Suffolk County Council (South Lowestoft Relief Road – Associated Measures) (Various Roads, Lowestoft and Carlton Colville) (Prohibition and Restriction of Waiting, Additional Measures and Revocation) Order 2006 Suffolk County Council (Canning Road and U336 Riverside Road, Lowestoft) (Prohibition of Waiting and Revocation) Order 2016	Orders to be partially revoked to the extent identified on sheet 2 by a dashed orange line.
In the administrative area of East Suffolk Council	Canning Road North side, from the existing access to Riverside in an easterly direction for a distance of 20 metres. West side, from the existing access to Riverside in a generally southerly direction for a distance of 57 metres. South side, from a point 20 metres east of the entrance to the Registrar’s Office in a south-westerly direction for a distance of 20 metres.	The Lowestoft (General) (Prohibition and Restriction of Waiting) (Amendment) (No.2) Order 1972 Suffolk County Council (Lowestoft Central Relief Roads) (Prohibition and Restriction of Waiting) (No.2) Order 1977 Suffolk County Council (Canning Road and U336 Riverside Road, Lowestoft) (Prohibition of Waiting and Revocation) Order 2016	Orders to be partially revoked to the extent identified on sheet 2 by a dashed orange line.
In the administrative area of East Suffolk Council	B1351 Waveney Drive North side, from the centreline of Riverside Road in an easterly direction for a distance of 108 metres. North side, from the centreline of its junction with Riverside Road for a distance of 65 metres in a generally westerly direction. South side, from a point 60 metres to the west of the centreline of its junction with Durban Road for a distance of 50 metres in a north-easterly direction and then for a distance of 25 metres in a south-westerly direction. South side, from a point 56 metres west of its junction with Tom Crisp Way for a distance of 62 metres in a generally westerly direction and then for a distance of 30 metres in a generally south-westerly direction.	The Lowestoft (General) (Prohibition and Restriction of Waiting) (Amendment) (No.2) Order 1972 Suffolk County Council (South Lowestoft Relief Road – Associated Measures) (Various Roads, Lowestoft and Carlton Colville) (Prohibition and Restriction of Waiting, Additional Measures and Revocation) Order 2006	Orders to be partially revoked to the extent shown on sheet 2 by a dashed orange line.
The traffic regulation measures plans (clearways and prohibitions) – sheet 3	The traffic regulation measures plans (clearways and prohibitions) – sheet 3	The traffic regulation measures plans (clearways and prohibitions) – sheet 3	The traffic regulation measures plans (clearways and prohibitions) – sheet 3
In the administrative area of East Suffolk Council	Kimberley Road North side and south side for a distance of 10 metres from its junction with Durban Road in a generally westerly direction.	District of Waveney (Various Roads Lowestoft) (Prohibition and Restriction of Waiting) Order 1999	Order to be partially revoked to the extent identified on sheet 3 by a dashed orange line.

SCHEDULE 12 — DEEMED MARINE LICENCE

PART 1 — GENERAL

Interpretation

1

In this licence—

• “the 2008 Act” means the Planning Act 2008;

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

• “AB Ports” means Associated British Ports, company reference number ZC000195, whose registered office address is 25 Bedford Street, London WC2E 9ES;

• “the authorised development” has the meaning given in paragraph 3(2);

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

• “condition” means a condition in Part 2, Part 3 and Part 4 of this licence;

• “construction activity” means—any licensed activity to be undertaken during the construction of the authorised development; andany licensed activity to be undertaken for the purposes of maintaining the authorised development, with the exception of any maintenance dredging activity;

• “capital dredging activity” means an activity which comprises the excavation of the seabed, in an area or down to a level (relative to Ordnance Datum) not previously dredged during the preceding 10 years;

• “the environmental statement” means the documents of that description as reference in Schedule 14 (documents to be certified) to the Order, certified by the Secretary of State for the purposes of the Order;

• “the harbour authority” means AB Ports in its role as the owner and operator of, and the statutory harbour authority for, Lowestoft Harbour as established by section 8 of, and paragraph 2 of Schedule 3 to the Transport Act 1981 ;

• “the harbour master” has the same meaning as is given to that term in article 2 of the Order;

• “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 respectively;

• “the licence holder” means the undertaker or any transferee under article 49 (transfer of benefit of Order, etc) of the Order;

• “licensed activity” means any of the activities specified in Part 1 of this licence;

• “maintenance dredging activity” means any activity which comprises the removal of recently-accumulated sediments such as mud, sand and gravel in order to keep channels, berths and other areas at their designed depths and which takes place in circumstances where—the level of the seabed to be restored by the dredging is not lower than it has been at any time during the past 10 years; andthere is evidence that dredging has previously been undertaken to that level (or lower) during that period;

• “marine pollution contingency plan” means the plan as required by condition 8 of this licence;

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

• “the scheme-wide written scheme of investigation” means the document of that description as identified in Schedule 14 to the Order, and certified by the Secretary of State as the scheme-wide written scheme of investigation for the purposes of the Order;

2

• (1) Except where otherwise indicated, the main point of contact with the MMO and the address for email and postal returns and correspondence are as follows—

• (a) Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; Tel. – 0300 123 1032, Fax – 0191 376 2681, Email –marine.consents@marinemanagement.org.uk;

• (b) Marine Management Organisation, MMO Lowestoft, Pakefield Road, Lowestoft, Suffolk, NR33 0HT; Tel. – 01502 573 149 or 01502 572 769, Email – lowestoft@marinemanagement.org.uk.

• (2) The contact details for the MMO Marine Pollution Response Team are Tel. (during office hours) – 0300 200 2024, Tel. (outside office hours) – 07770 977 825 or 0845 051 8486 and Email – dispersants@marinemanagement.org.uk, or such replacement contact details notified to the licence holder in writing by the MMO.

• (3) Unless otherwise stated in writing by the MMO, all notices required by this licence to be sent by the licence holder to the MMO must be sent by email.

Details of licensed marine activities

3

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

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

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

• (2) In this paragraph “the authorised development” means—

• (a) the construction of piers in Lake Lothing;

• (b) the construction of piles and pile caps within Lake Lothing supporting piers and fendering;

• (c) the construction of fendering within Lake Lothing;

• (d) the construction of a mooring within Lake Lothing;

• (e) the powers conferred by article 44(1) (subsidiary works and operations in Lake Lothing) of the Order;

• (f) for the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development which does not give rise to any materially new or materially different environmental effects than those assessed in the environmental statement, consisting of—

• (i) activities within Lake Lothing to—

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

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

• (cc) 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;

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

• (ee) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not);

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

• (gg) construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and

• (hh) provide lighting, signage and aids to navigation,

• (ii) other works and development—

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

• (bb) embankments, viaducts, bridges, 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; and

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

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

• (aa) works to divert, remove or replace apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines; and

• (bb) landscaping and other works to mitigate any adverse effect of the construction, maintenance and operation of the works or to benefit or protect any person or premises affected by the construction, maintenance and operation of the works; and

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

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

• (3) The coordinates for the area of Lake Lothing within which the licence holder may carry out licensed activities except for the disposal of materials at sea are specified below and more particularly shown on the works plans—

Point reference	Northing	Easting
1	52.474911207	1.733489517
2	52.474849891	1.733838101
3	52.474859620	1.733843345
4	52.474284891	1.737130879
5	52.473912859	1.739236608
6	52.473894308	1.739340178
7	52.472403935	1.739857854
8	52.472377859	1.739259917
9	52.472651586	1.739120380
10	52.472715280	1.739125784
11	52.473064828	1.738231175
12	52.473243521	1.737535204
13	52.473977989	1.733117287

• (4) The licence holder must ensure that dredged material approved for disposal at sea pursuant to condition 15(4) must be disposed of within the disposal site TH005 Lowestoft Circular North within the coordinates set out in the table below (or any other disposal site approved in writing by the MMO).

Northing	Easting
52.48163	1.7867
52.48161	1.786138
52.48156	1.785583
52.48147	1.785042
52.48135	1.784515
52.4812	1.784013
52.48102	1.783538
52.4808	1.783098
52.48056	1.782697
52.4803	1.782337
52.48002	1.782023
52.47971	1.781758
52.4794	1.781547
52.47907	1.78139
52.47873	1.78129
52.47839	1.781247
52.47804	1.781262
52.4777	1.781333
52.47737	1.781462
52.47705	1.781647
52.47674	1.781885
52.47644	1.782173
52.47617	1.782512
52.47592	1.782893
52.47569	1.783315
52.47549	1.783772
52.47532	1.784262
52.47518	1.784775
52.47508	1.78531
52.47501	1.78586
52.47497	1.78642
52.47497	1.78698
52.47501	1.78754
52.47508	1.78809
52.47518	1.788625
52.47532	1.789138
52.47549	1.789628
52.47569	1.790085
52.47592	1.790507
52.47617	1.790888
52.47644	1.791227
52.47674	1.791515
52.47705	1.791753
52.47737	1.791938
52.4777	1.792067
52.47804	1.792138
52.47839	1.792153
52.47873	1.79211
52.47907	1.79201
52.4794	1.791853
52.47971	1.791642
52.48002	1.791377
52.4803	1.791063
52.48056	1.790703
52.4808	1.790302
52.48102	1.789862
52.4812	1.789387
52.48135	1.788885
52.48147	1.788358
52.48156	1.787817
52.48161	1.787262

PART 2 — CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

Construction method statement

4

• (1) The licence holder must submit a method statement, for approval by the MMO following consultation with the Environment Agency and the harbour authority, at least 13 weeks prior to the commencement of any construction activity.

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

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

• (b) in the case of construction of the authorised development, the detailed dredging methodology to be employed by the licence holder and confirmation as to whether the dredging proposed is to be a capital dredging activity or a maintenance dredging activity;

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

• (d) a report of the consultation with the Environment Agency and the harbour authority carried out under sub-paragraph (1);

• (e) provision that within the marine environment vibro piling techniques are to be used as standard, with percussive piling only used if required to drive a pile to its design depth. If percussive piling is necessary, soft-start procedures are to be used to ensure incremental increase in pile power, over a period of not less than 20 minutes, until full operational piling power is achieved; and where percussive piling ceases for a period longer than 10 minutes, the soft-start procedure must be repeated; and

• (f) where dredged materials arising are intended to be disposed of at sea, the method statement must be accompanied by valid sediment sampling analysis pursuant to condition 15.

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

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

Post construction

5

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

PART 3 — CONDITIONS APPLYING TO MAINTENANCE DREDGING TO BE UNDERTAKEN POST CONSTRUCTION

Maintenance dredging method statement

6

• (1) The licence holder must submit a method statement, for approval by the MMO following consultation with the Environment Agency and the harbour authority, at least 13 weeks prior to the commencement of any maintenance dredging activity that is to be carried out by the licence holder following completion of construction of the authorised development.

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

• (a) the detailed methodology to be employed by the licence holder in carrying out the maintenance dredging activity;

• (b) a programme of works including timings and durations and plant to be used during the maintenance dredging activity;

• (c) a report of the consultation with the Environment Agency and the harbour authority carried out under sub-paragraph (1); and

• (d) where dredged materials arising are intended to be disposed of at sea, the method statement must be accompanied by valid sediment sampling analysis pursuant to condition 15.

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

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

PART 4 — CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES INCLUDING CONSTRUCTION ACTIVITIES AND MAINTENANCE DREDGING ACTIVITIES

Notification of commencement and completion of construction activities only

7

• (1) The licence holder must—

• (a) inform the MMO local office in writing at least 5 days prior to the commencement of the first construction activity and within 5 days of completion of the final licensed construction activity;

• (b) send copies of the notifications required under paragraph (a) to the MMO Marine Licensing Team within 5 days of the date of these notifications;

• (c) send a notification of the commencement of works to the UK Hydrographic Office at least two weeks prior to the commencement of the works together with a request for confirmation as to whether an update of published nautical charts and marine safety information is required;

• (d) send copies of the notifications required under paragraph (c) to the MMO Marine Licensing Team within 24 hours of issue;

• (e) send a notification of the final completion of licensed activities to the Source Data Receipt team, UK Hydrographic Office, Taunton, Somerset, TA1 2DN (Email: sdr@ukho.gov.uk; Tel: 01823 337900) within two weeks of the date of final completion of the licensed activities;

• (f) send a copy of the notification required under paragraph (e) to the MMO Licensing Team within one week of the notification being first issued;

• (g) issue a notice to mariners at least 5 days prior to the commencement of the first construction activity and within 5 days of completion of the final construction activity, or, if the MMO agrees in writing, request that the harbour master issues the notice of mariners on its behalf; and

• (h) send copies of the notifications required under paragraph (g) to the MMO Marine Licensing Team within 5 days of the date of these notifications.

• (2) Where impact piling is required as part of a construction method statement approved by the MMO under condition 4 the licence holder must—

• (a) prior to the commencement of a licensed activity in Lake Lothing which involves impact piling—

• (i) submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the ‘Forward Look’ requirements of the Registry; and

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

• (b) within 12 weeks of completion of a licensed activity in Lake Lothing which involves impact piling—

• (i) submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the ‘Close Out’ requirements of the Registry; and

• (ii) send copies of the notifications required under sub-paragraph (i) to the MMO Marine Licensing Team within 5 days of the date of these notifications.

Marine pollution contingency plan

8

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

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

• (3) The licence holder must consult the Environment Agency and the harbour authority on the marine pollution contingency plan before submitting it to the MMO and must submit a report of the consultation undertaken at the same time as submitting the marine pollution contingency plan under sub-paragraph (1).

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

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

Vessels

9

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

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

• (a) be received by the MMO no less than 24 hours before the commencement of the relevant construction activity; and

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

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

Concrete and cement

10

• (1) The licence holder must ensure that waste concrete, slurry or wash water from concrete or cement activities are not discharged, intentionally or unintentionally, into the marine environment.

• (2) Unless otherwise agreed in writing by the MMO in approving a construction method statement under condition 4, the licence holder must contain and site concrete and cement mixing and washing areas away at least 10 metres away from Lake Lothing or any surface water drain to minimise the risk of run off entering Lake Lothing or any surface water drain.

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

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

Coatings and treatments

11

The licence holder must ensure that all coatings and treatments are suitable for use in the marine environment and are used in accordance with guidelines approved either by the Health and Safety Executive or by the Environment Agency.

Spills, etc.

12

The licence holder must—

• (a) install bunding and/storage facilities to contain and prevent the release of, fuels, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment;

• (b) use secondary containment with a capacity of no less than 110% of the container's storage capacity;

• (c) report any spill of oil, fuel or chemicals into the marine area to the MMO Marine Pollution Response Team, the harbour master and the Maritime and Coastguard Agency no later than 12 hours after the spill occurs; and

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

Scheme-wide written scheme of investigation

13

All licensed activities must be carried out in accordance with the scheme-wide written scheme of investigation.

Dropped objects

14

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

Disposal at sea

15

• (1) Where dredged materials arising from a capital dredging activity or a maintenance dredging activity are intended to be disposed of at sea by the licence holder, the licence holder must submit to the MMO for its approval a sediment sampling plan request prior to the commencement of the capital dredging activity or maintenance dredging activity.

• (2) A request for a sample plan under sub-paragraph (1) must include—

• (i) a detailed dredging methodology;

• (ii) dredge locations;

• (iii) dredge amounts (total and annual, if applicable);

• (iv) dredge depths;

• (v) duration of dredging activities;

• (vi) whether the dredge is a capital dredging activity or a maintenance dredging activity; and

• (vii) specific gravity of the material or material type.

• (3) Where dredged materials arising from a maintenance dredging activity are intended to be disposed of by the licence holder, a sediment sampling plan is not required where valid analyses (carried out in accordance with an MMO-approved sample plan and undertaken by a laboratory validated by the MMO) is obtainable via the MMO's Public register.

• (4) Any sediment sampling analyses undertaken by a laboratory validated by the MMO and approved by the MMO under sub-paragraph (1) is valid for a period of 3 years from the date when those analyses were undertaken.

16

The licence holder must not dispose of any dredged materials at sea until written approval is provided by the MMO, such approval to be given at the same time as any approval of a method statement under condition 4 or condition 6.

17

The licence holder must inform the MMO of the location and quantities of material disposed of each month under this licence. This information must be submitted to the MMO by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.

18

The material to be disposed of within the disposal site referred to in condition 3(4) must be placed within the boundaries of that site.

19

During the course of disposal at sea, material must be distributed evenly over the disposal site.

PART 5 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application”

20

In this Part, “application” means a submission by the licence holder for approval by the MMO of any method statement, plan or samples under conditions 4, 6, 7 and 8.

Further information regarding application

21

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

Determination of application

22

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

• (a) the application and any supporting information or documentation;

• (b) any further information provided by the licence holder in accordance with paragraph 11; and

• (c) such other matters as the MMO thinks relevant.

• (2) Having considered the application, the MMO must—

• (a) grant the application unconditionally;

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

• (c) refuse the application.

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

Notice of determination

23

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

• (2) Where the MMO has made a request under condition 21, the MMO must give notice to the licence holder of the determination of the application no later than 13 weeks from the day immediately following that on which the further information is received by the MMO, or as soon as reasonably practicable after that date.

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

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

SCHEDULE 13 — PROTECTIVE PROVISIONS

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

1

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

2

In this Part of this Schedule—

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

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

• “functions” includes powers and duties;

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

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

3

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

4

• (1) Regardless of the temporary stopping up, alteration or diversion of streets under the powers conferred by article 11 (temporary stopping up and restriction of use of streets), a statutory undertaker is at liberty at all times to take all necessary access across any such street and to carry out and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary stopping up, alteration or diversion was in that street.

• (2) Where any street is stopped up under article 10 (permanent stopping up of streets and private means of access), any statutory undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the statutory undertaker legal easements reasonably satisfactory to the statutory undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the statutory undertaker to require the removal of that apparatus under paragraph 6 or to carry out works under paragraph 8.

5

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

6

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the statutory undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a statutory undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the statutory undertaker in question in accordance with sub-paragraphs (2) to (7).

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

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

• (3) The obligation imposed on the statutory undertaker under sub-paragraph (2)(a) does not extend to the exercise by the statutory undertaker of any power to acquire any land or rights in land by compulsory purchase order.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the statutory undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 62 (arbitration).

• (5) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 62 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (2)(a), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to carry out any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being carried out by the statutory undertaker, may be carried out by the undertaker, with the prior written consent of the statutory undertaker (which must not be unreasonably withheld or delayed and is to be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the statutory undertaker and the undertaker or, in default of agreement, determined by arbitration in accordance with article 62 (arbitration), without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

• (7) In carrying out any work under sub-paragraph (6) the undertaker must comply with all statutory obligations which would have been applicable had the works been carried out by the statutory undertaker.

• (8) Nothing in sub-paragraph (6) authorises the undertaker to carry out the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or carry out any filling around the apparatus (where the apparatus is laid in a trench) within 600 millimetres of the apparatus.

7

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a statutory undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the statutory undertaker in question or in default of agreement settled by arbitration in accordance with article 62 (arbitration).

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

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

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to any apparatus constructed in, under, over or above the new bridge area for which the alternative apparatus is to be substituted.

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

8

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

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

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

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

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

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

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

9

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

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

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 62 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

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

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

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

10

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

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

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

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

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

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

11

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

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

12

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

• (2) In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003 ;

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

• “the electronic communications code” has the same meaning as in section 106 (1) (application of the electronic communications code) of the 2003 Act ;

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

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

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

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

13

The exercise of the powers of article 35 (statutory undertakers and utilities) is subject to Part 10 undertaker's works affecting electronic communications apparatus) of the electronic communications code.

14

• (1) Subject to sub-paragraphs (2) to (3), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

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

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

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

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

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

15

Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 62 (arbitration).

16

This Part of this Schedule does not apply to—

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

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

PART 3 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

17

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

18

In this Part of this Schedule—

• “the Agency” means the Environment Agency;

• “completion” in relation to a specified work means the date on which it is brought into use;

• “construction” includes execution, placing, altering, replacing, relaying, removal and excavation and “construct” and “constructed” have corresponding meanings;

• “drainage work” includes any land which provides or is expected to provide flood storage capacity for Lake Lothing and any bank, wall, embankment or other structure, or any appliance constructed or used for land drainage, flood defence or tidal monitoring;

• “the fishery” means Lake Lothing;

• “plans” includes sections, drawings, sediment risk analysis, specifications, calculations and method statements;

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 8 metres of a drainage work or is otherwise likely to—affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in Lake Lothing and any other watercourse or other surface waters or ground water;cause obstruction to the free passage of fish or damage to the fishery;affect the conservation, distribution or use of water resources; oraffect the conservation value of Lake Lothing and habitats in its immediate vicinity; and

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer.

19

• (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 determined under paragraph 30.

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

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

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

• (c) 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 and recreational 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)(b).

• (5) Without limiting sub-paragraph (3), 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,

by reason of any specified work.

• (6) Any specified work, and all protective works required by the Agency under sub-paragraph (4) must be constructed—

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

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

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

• (7) 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.

20

The undertaker must give to the Agency notice in writing of the commencement of any specified work not less than 14 days prior to its commencement and notice in writing of its completion not later than 7 days after such completion.

21

• (1) If any part of a 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 or delayed) to remove, alter or pull down the work to the reasonable satisfaction of the Agency, and where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

• (2) Subject to sub-paragraph (3) if within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (1) 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 the Agency in so doing is recoverable from the undertaker.

• (3) In the event of any dispute as to whether sub-paragraph (2) 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 (2) until the dispute has been finally determined in accordance with paragraph 30.

22

• (1) Subject to sub-paragraph (6) 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 work, or any part of such 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 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 (5) and paragraph 26, 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) If there is any failure by the undertaker to obtain consent or comply with conditions imposed by the Agency in accordance with this Part of this Schedule the Agency may serve written notice requiring the undertaker to cease all or part of the specified works and the undertaker must cease the specified works or part thereof until it has obtained the consent or complied with the condition unless the cessation of the specified works or part thereof would cause greater damage than compliance with the written notice.

• (5) 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 30.

• (6) This paragraph does not apply to 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 the Order from doing so.

23

Subject to paragraph 26, 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.

24

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.

25

• (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 26, 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 pursuant to sub-paragraph (1), the Agency may take those steps and any expenditure incurred by the Agency in so doing is recoverable from the undertaker.

• (4) Subject to paragraph 26, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to a fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker any expense 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

26

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

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

• (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.

27

• (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, operation or maintenance 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, operation or maintenance of the authorised development or dealing with any failure of the authorised development.

• (2) In sub-paragraph (1), “costs” include—

• (a) expenses and charges;

• (b) staff costs and overheads; and

• (c) legal costs.

• (3) The undertaker must indemnify the Agency against all liabilities, claims and demands arising out of or in connection with the authorised development or works otherwise outside of the matters referred to in sub-paragraphs (1)(a)and (1)(b).

• (4) In sub-paragraph (3)—

• (a) “claims” and “demands” include as applicable—

• (i) costs (within the meaning of sub-paragraph (2)) incurred in connection with any claim or demand; and

• (ii) any interest element of sums claimed or demanded; and

• (b) “liabilities” include—

• (i) contractual liabilities;

• (ii) tortious liabilities (including liabilities for negligence or nuisance);

• (iii) liabilities to pay statutory compensation or for breach of statutory duty; and

• (iv) liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).

28

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

29

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.

30

Any difference or dispute arising between the Agency and the undertaker under this Part of this Schedule must, unless otherwise agreed in writing between the Agency and the undertaker, be determined by arbitration in accordance with article 62 (arbitration).

PART 4 — FOR THE PROTECTION OF RAILWAY INTERESTS

31

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail, and in the case of paragraph 45, any other person on whom rights or obligations are conferred by that paragraph.

32

In this Part of this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of his powers under section 8 (licences) of the Railways Act l993 ;