The Bridgwater Tidal Barrier Order 2022

• (e) for regulating the passage of vessels, or any class of vessels, beneath a vertical lift gate or over or through other structures, works or apparatus, either generally or in circumstances prescribed by the byelaws;

• (f) for preventing swimming;

• (g) regarding the conduct of—

• (i) all persons passing or seeking to pass over the foot and cycle bridge;

• (ii) all vessels navigating or seeking to navigate beneath a vertical lift gate or otherwise navigating within the river area.

• (3) Nothing in any byelaw made under this article applies to anything done by the Harbour Authority in the exercise of any of its statutory functions and the byelaws of the Harbour Authority are unaffected by any byelaw made under this article.

• (4) Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) The byelaws contained in Schedule 7 (Bridgwater Tidal Barrier Byelaws)—

• (a) are, on the date this Order comes into force, to be treated as byelaws made by the Agency under paragraph (1) and subsequently confirmed by the Secretary of State,

• (b) take effect on the earlier of the date the foot and cycle bridge is first opened for permissive public use or the date on which the barrier first becomes operational, and

• (c) continue to have effect until such time as they are amended or revoked by further byelaws made by the Agency under paragraph (1).

• (6) The provisions of sections 236(3) to (8) and (11) and 238 of the Local Government Act 1972[^f00062] (which relates to the procedure for making, and evidence of, byelaws) apply to any byelaws made by the Agency under this article.

• (7) In its application to byelaws made under this article by the Agency, section 236 of the Local Government Act 1972 has effect as if—

• (a) a reference to “the confirming authority” were a reference to the Secretary of State;

• (b) in subsection (7), after “confirm” in the first place it occurs, “with or without modification” were inserted.

• (8) The Secretary of State may charge the Agency a reasonable fee for the purpose of defraying any administrative expenses incurred by the Secretary of State in respect of byelaws made under this article which are submitted to the Secretary of State for confirmation.

• (9) Where in relation to any byelaws submitted to the Secretary of State for confirmation the Secretary of State proposes to make a modification which appears to the Secretary of State to be substantial the Secretary of State—

• (a) must inform the Agency and require it to take any steps the Secretary of State considers necessary for informing persons likely to be concerned with the modification, and

• (b) must not confirm the byelaws until such period has elapsed as the Secretary of State thinks reasonable for consideration of, and comment upon, the proposed modification by the Agency and by other persons who have been informed of it.

• (10) Byelaws made under this article are enforceable by the Agency or any authorised person.

• (11) In sub-paragraph (2)(a), “recreational activities” does not include navigation for recreational purposes.

PART 6 — PROTECTIVE PROVISIONS

Statutory undertakers, etc.

52

Schedule 8 (statutory undertakers, etc.) has effect.

Protective Provisions

53

Schedule 9 (protection for electricity, gas, water and sewerage undertakers) and Schedule 10 (protection of Port of Bridgwater) have effect.

Saving for Trinity House

54

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

Crown rights

55

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and in particular, nothing in this Order authorises the Agency or any other person—

• (a) to use, enter upon or in any manner interfere with any land or rights of any description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

• (i) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

• (ii) belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

• (iii) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department; and

• (b) to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown land which is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority.

• (2) Consent under paragraph (1) of this article may be given unconditionally or subject to such terms or conditions as are considered necessary or appropriate and is deemed to have been given in writing where it is sent electronically.

Minerals

56

Nothing in this Order affects the rights of any person entitled to any mine or minerals of any description whatsoever under a street or other land in, on, or adjacent to which the authorised works are constructed to work the mine or get the minerals but this does not affect any liability (whether civil or criminal) of the person so entitled in respect of any damage to the authorised works resulting from the exercise of any such rights.

PART 7 — MISCELLANEOUS AND GENERAL

Temporary traffic regulation

57

• (1) Subject to the provisions of this article, the Agency may, at any time in so far as is necessary or expedient for the purposes of or in connection with construction of the authorised works either at all times or at times, on days or during such periods as may be specified by the Agency —

• (a) make provision as to the direction or priority of vehicular traffic and pedestrians on those roads specified in column (1) of Schedule 11 (temporary traffic regulation) between the points specified in column (2), for the purposes specified in column (3);

• (b) without limiting the scope of the specific powers conferred by sub-paragraph (a)—

• (i) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (ii) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

• (iii) suspend or authorise the use as a parking place of any road;

• (iv) make provision as to the direction or priority of vehicular traffic on any road;

• (v) permit or prohibit vehicular access to any road,

• (2) The powers conferred by paragraph (1)(b) may only be exercised after the Agency has—

• (a) consulted the chief officer of police, the traffic authority and such other persons as it considers necessary and appropriate,

• (b) taken into consideration any representations made to it by any such persons consulted, and

• (c) obtained the consent of the traffic authority in whose area the road concerned is situated (which must not be unreasonably withheld).

• (3) The Agency must not exercise the powers conferred by this article in relation to any road unless it has—

• (a) given not less than 4 weeks’ notice in writing of its intention to do so to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may, within 7 days of its receipt of notice of the Agency’s intention, specify in writing.

• (4) Any prohibition, suspension or other provision made by the Agency under paragraph (1) has effect as if duly made by, as the case may be—

• (a) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act, or

• (b) the local authority in whose area the road is situated, as an order under section 32 of the 1984 Act[^f00063] (power of local authorities to provide parking places),

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject.

• (5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the Agency from time to time by subsequent exercise of the powers conferred by paragraph (1).

• (6) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (7) The powers conferred on the Agency by this article with respect to any road have effect subject to any agreement entered into by the Agency with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

• (8) If a traffic authority which receives an application for consent under paragraph (2)(c) fails to notify the Agency of its decision before the end of the period of 28 days beginning with the date on which the application was made, that authority is deemed to have granted consent.

• (9) In this article, “the 1984 Act” means the Road and Traffic Regulation Act 1984[^f00064].

Power of disposal, agreements for operation, etc.

58

• (1) The Agency may, with the consent of the Secretary of State, sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection with them.

• (2) Without limitation on the scope of paragraph (1), the Agency may enter into and carry into effect agreements with respect to—

• (a) the construction, maintenance, use and operation of the authorised works, or any part or parts of them, by any other person,

• (b) other matters incidental or subsidiary to, or consequential on those matters, and

• (c) the defraying of, or the making of contributions towards, the costs of those matters by the Agency or any other person.

• (3) Any agreement under paragraph (2) may provide, amongst other things, for the exercise of the powers of the Agency in respect of the authorised works or any part of them and for the transfer to any person of the authorised works or any part of them together with the rights and obligations of the Agency in relation to them.

• (4) Where an agreement has been made by virtue of paragraph (2) references in this Order to the Agency include references to the transferee or the lessee.

• (5) The exercise of the powers conferred by any enactment by any person further to any sale, lease, charge or disposal under paragraph (1), or any agreement under paragraph (2), is subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Agency.

• (6) The Agency must not under this article sell, lease, charge or otherwise dispose of, any rights conferred by article 51 (byelaws).

Obstructing execution of Order

59

Any person who, without reasonable excuse—

• (a) obstructs any person acting under the authority of the Agency in—

• (i) constructing or maintaining any authorised work, or

• (ii) exercising powers under article 23 (power to survey and investigate land, etc.), or

• (b) interferes with, moves or removes any apparatus belonging to any person acting under the authority of the Agency

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Defence of due diligence

60

• (1) In proceedings for an offence under Part 3 (provisions relating to tidal works), it is a defence for the Agency to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (2) If in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Agency must not, without leave of the court, be entitled to rely on that defence unless, not less than 7 clear days before the hearing, it has served on the prosecutor a notice in writing giving such information as was then in its possession, identifying or assisting in the identification of, that other person.

Application of landlord and tenant law

61

• (1) This article applies to any agreement for leasing to any person the whole or any part of the authorised works or the right to operate those works, and any agreements entered into by the Agency with any person for the construction, maintenance, use or operation of the authorised works, or any part of them, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

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

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

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

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

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

Defence to proceedings in respect of statutory nuisance

62

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00065] (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within section 79(1)(g) of that Act[^f00066] (noise emitted from premises so as to be prejudicial to health or a nuisance) no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by the Agency for the purposes of or in connection with the exercise of powers conferred by this Order with respect to the authorised works and that the nuisance is attributable to the carrying out of the authorised works which are being carried out in accordance with a notice served under section 60 of the Control of Pollution Act 1974[^f00067] (control of noise on construction sites), or a consent given under section 61 of that Act[^f00068] (prior consent for work on construction sites), or

• (b) that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.

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

Disclosure of confidential information

63

• (1) A person who—

• (a) enters a factory, workshop or workplace under the provisions of article 21 (protective works) or article 23 (power to survey and investigate land, etc.), and

• (b) discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) Paragraph (1) does not apply to disclosure made in the course of a person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Disapplication of legislation

64

• (1) The provisions of the Neighbourhood Planning Act 2017[^f00069], insofar as they relate to temporary possession of land under articles 37 (temporary possession of land for construction purposes) and 38 (temporary possession of land for maintenance of works), do not apply in relation to—

• (a) the construction of any work;

• (b) the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised works;

• (c) within the maintenance period defined in article 38(11), any maintenance of any part of the authorised works;

• (2) Section 23 of the Land Drainage Act 1991[^f00070] (prohibition on obstructions etc in watercourses) and any byelaws made under the Land Drainage Act 1991 or the Water Resources Act 1991 do not apply to anything done under or in pursuance of this Order.

Local legislation

65

• (1) The following do not apply to the extent that they are inconsistent with a provision of, or a power conferred by, this Order—

• (a) any provision of the local enactments specified in Part 1 (local enactments) of Schedule 12 (local legislation);

• (b) any byelaws or other provisions made under any of those enactments;

• (c) the local byelaws specified in Part 2 (byelaws) of that Schedule.

• (2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and to the extent that (in particular)—

• (a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order,

• (b) action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken, or

• (c) action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

• (3) Where any person notifies the Agency in writing that anything done or proposed to be done by the Agency by virtue of this Order would amount to a contravention of a statutory provision of local application, the Agency must as soon as reasonably practicable, and, at any rate within 14 days of receipt of the notice, respond in writing setting out—

• (a) whether the Agency agrees that the action taken or proposed to does or would contravene the provision of local application,

• (b) if the Agency does agree, the grounds (if any) on which the Agency believes that the provision is excluded by this article, and

• (c) the extent of that exclusion.

Application of Water Resources Act 1991

66

• (1) In so far as the Agency might enter into an agreement with owners of land or others in relation to the construction, operation and maintenance of the authorised works, the Agency may do so as though it was acting pursuant to section 158 of the Water Resources Act 1991 in any case to which paragraph (2) applies.

• (2) This paragraph applies where an agreement entered into between the Agency and owners of land or others—

• (a) relates to the construction, operation or maintenance of the authorised works; and

• (b) expressly states that—

• (i) it is being entered into pursuant to this article, and

• (ii) it is the agreed intention of the parties that the agreement is being entered into pursuant to section 158 of the Water Resources Act 1991.

• (3) Section 158 of the Water Resources Act 1991 applies to agreements entered into pursuant to this article notwithstanding the absence, in section 158(1)(a), of any reference to the Agency’s functions under Part 4 of that Act (flood defence).

Certification of plans etc.

67

• (1) The Agency must, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plans, the public rights of way plans and the works plans to the Secretary of State for certification that they are respectively true copies of the book of reference, sections and plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

• (2) In paragraph (1), “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order.

Arbitration

68

Unless otherwise provided in this Order, any difference under any provision of this Order is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Law Society.

No double recovery

69

Compensation is not payable in respect of the same matter both under this Order and any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Service of notices

70

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

• (a) by post, or

• (b) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

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

• (3) For the purposes of section 7 of the Interpretation Act 1978[^f00071] (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is fulfilled where the recipient of the notice or other document has given consent to the use of electronic transmission either in writing or by electronic transmission.

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

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

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

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

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

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

SCHEDULE 1 — SCHEDULED WORKS

In the District of Sedgemoor, Somerset

Work No.1A — A barrier, with twin vertical lift gates, across the river Parrett, at a location adjacent to the western boundary of the existing business park known as Express Park, situated to the north of Bridgwater, Somerset. Work No.1A provides a retained channel width (total across the two gate openings) of 30 metres within the river Parrett. Work No.1A includes scour protection, ramped access to the barrier, a cross bridge providing operational access above the gates, and a separate foot and cycle bridge across the watercourse.

Work No.1B — A new surfaced access track, 690 metres in length, commencing at a location situated 390 metres along the unnamed road to the south of Saltlands former landfill site, measured from the junction of that road with the A39 Western Way, and terminating at a point 90 metres north of the junction between footpaths BW10/16 and BW10/12.

Work No.1C — A building for control and associated purposes in relation to Work No.1A, located on the southern boundary of the existing business park known as Express Park and adjacent to the barrier comprised within Work No.1A. Work No.1C includes a hard standing area surrounding the building to provide access and parking, perimeter fencing, and two storage buildings.

Work No.1D — A new surfaced access road, 200 metres in length and commencing at the mini roundabout to the south west of Bridgwater Police Centre car park and terminating at Work No.1C. Work No.1D includes ramped access to Work No.1C and perimeter fencing.

Work No.2A — Raising of an existing flood defence embankment running along the west bank of the river Parrett, 350 metres in length, commencing at a location situated to the immediate north of the barrier site and terminating at the commencement of Work No.2B. Work No.2A includes fencing and a new ramp to provide access to an existing public right of way.

Work No.2B — Works to upgrade the existing outfall structure at Pim’s Clyce, which is located on the west bank of the river Parrett, where that river connects to Wildmarsh Rhyne, to raise the crest level, including new sheet piled retaining walls and infill. Work No.2B includes new fencing and raised access.

Work No.2C — Raising of an existing flood defence embankment running along the west bank of the river Parrett, 450 metres in length, commencing at a location situated 45 metres northwards of Pim’s Clyce and terminating at a point 410 metres east south east of Lower Lakes. Work No.2C includes fencing and a new ramp to provide access to an existing public right of way.

Work No.2D — A new flood defence embankment, 310 metres in length, commencing at the termination of Work No.2C and terminating at a point 380 metres east north east of Lower Lakes. Work No.2D includes one new ramp providing access to adjacent fields and an existing access track.

Work No.2E — A new flood defence embankment, 650 metres in length, commencing at the termination of Work No.2D and terminating on the eastern boundary of the existing public highway known as Straight Drove, at a location 265 metres north west of its junction with Middle Drove. Work No.2E includes an access track, running alongside the new embankment, a field drainage ditch, four new ramps providing access to adjacent fields and one culvert with a flap valve.

Work No.2F — Raising the surface level of the existing public highway known as Straight Drove, across a stretch of highway 40 metres in length and situated between Works Nos. 2E and 2G. Work No.2F includes diversions to existing field drainage ditches.

Work No.2G — A new flood defence embankment, 1645 metres in length, commencing on the western boundary of Straight Drove, at a location adjacent to Work No.2F and terminating at a point 270 metres north west of Perry Wood Farm. Work No.2G includes fencing, tree protection works, five culverts with flow control structures, and nine new ramps providing access to adjacent fields.

Work No.2H — A new flood defence embankment, 545 metres in length, including sheet pile cut-off on the crest centreline, commencing at the termination of Work No.2G and terminating at the unnamed road 80 metres south of Perry Wood Farm. Work No.2H includes lengths of toe drainage, two culverts with flap valves and four new ramps providing access to adjacent fields.

Work No.3A — Raising of an existing flood defence embankment running along the east bank of the river Parrett, 380 metres in length, commencing at a location 20 metres north west of Walpole Clyce and terminating at a point 155 metres south east of Brick Yard Clyce. Work No.3A includes fencing and a new ramp providing access to the existing flood defence situated upstream of Walpole Clyce.

Work No.3B —Raising of an existing flood defence embankment running along the east bank of the river Parrett, 70 metres in length, commencing at the termination of Work No.3A and terminating at a point 90 metres south east of Brick Yard Clyce. Work No.3B incorporates a 22 metre length of box gabion wall to the landward toe of the raised embankment. Work No.3B also includes new fencing and a new ramp providing access to the raised embankment.

Work No.3C — A replacement flood wall, comprised in reinforced concrete and glass panels, 85 metres in length, situated between Works Nos. 3B and 3D.

Work No.3D — Reinforcement of an existing flood defence embankment running along the east bank of the river Parrett, 430 metres in length, commencing at Brick Yard Clyce and terminating at a point 430 metres north west of Brick Yard Clyce. Work No.3D includes works to reinforce the existing embankment over the outfall structure known as Brick Yard Clyce, four new ramps providing access to adjacent fields, fencing, and the replacement of existing drainage.

Work No.3E — A new flood defence embankment, 300 metres in length, commencing at the termination of Work No.3D and terminating at a location situated 450 metres south west of Pawlett. Work No.3E includes fencing, two new ramps providing access to adjacent fields and works to infill an existing dry pond.

Work No.4A — Raising of an existing flood defence embankment running along the west bank of the river Parrett, 920 metres in length, commencing at a location situated 1,000 metres south east of Combwich and terminating at a point 120 metres south east of Combwich Wharf. Work No.4A includes works to extend an existing culvert beneath the embankment at Tuckett’s Clyce, fencing and three new ramps providing access to adjacent fields.

Work No.4B — A new flood defence embankment, 800 metres in length, commencing at a location situated 200 metres south east of Putnell Farm and terminating at Work No.4A at a location situated 475 metres north west of the commencement point of Work No.4A. Work No.4B includes two culverts with manual penstocks.

Work No.4C — Reinforcement of existing flood defences, constructed along the alignment of the existing flood defence embankment, commencing at the termination of Work No.4A and terminating at Combwich Wharf.

Work No.5A — A borrow pit, not greater than 3900 square metres in area to provide fill material for the embankments, at a location situated 330 metres east of Sutton’s Pond Nature Reserve.

Work No.5B — A borrow pit, not greater than 16000 square metres in area, providing fill material for the embankments, at a location situated 200 metres south east of Lower Lakes.

Work No.5C — A borrow pit, not greater than 75300 square metres in area, providing fill material for the embankments, at a location situated 330 metres east of Lower Lakes.

Work No.5D — A borrow pit, not greater than 1800 square metres in area, providing fill material for the embankments, at a location situated 230 metres east north east of Lower Lakes.

Work No.5E — A borrow pit, not greater than 60000 square metres in area, providing fill material for the embankments, at a location situated 600 metres north east of Perry Wood Farm.

Work No.5F — A borrow pit, not greater than 36000 square metres in area, providing fill material for the embankments, at a location situated 70 metres east of Walpole Clyce.

Work No.5G — A borrow pit, not greater than 68000 square metres in area, providing fill material for the embankments, at a location situated 130 metres east of Fenlyn’s Clyce.

Work No.6A — Repairs to an existing masonry wall, 15 metres in length, commencing opposite the junction between Harbour View and Riverside and terminating at 30 metres north west of Combwich Pill Sluice. Work No.6A includes the erection of two spiked barriers.

Work No.6B — Raising of low spots, along an 85 metre length of existing flood defence embankment commencing at Combwich Pill Sluice and terminating at a point 55 metres south west of Combwich Wharf.

Work No.6C — Raising of low spots, along a 55 metre length of existing flood defence embankment commencing at a point 45 metres north east of the junction between Riverside and Martyn Close and terminating at a point 70 metres south west of the junction between Riverview and Riverside.

Work No.6D — Raising of low spots, along a 160 metre length of existing flood defence embankment commencing at a point 50 metres east south east of the junction between Riverview and Riverside and terminating at a point 50 metres north east of the junction between Ship Lane and Riverside.

Work No.7A — Installation of new navigation signage and associated infrastructure at a location on the east bank of the river Parrett at a location situated immediately to the south west of Dunball Sluice.

Work No.7B — Installation of new navigation signage and associated infrastructure at a location on the west bank of the river Parrett at a location situated immediately northwards of Bridgwater Docks.

In the District of South Somerset, Somerset

Work No.8A — Eel passage improvements at Ablake Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8A includes replacement of the existing side wall of the existing Weir with a reinforced concrete structure incorporating a gravity eel pass in the river Yeo.

Work No.8B — Eel passage improvements at Ham Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8B includes the addition of eel stud tiles to the existing weir face and minor modifications to the weir in the river Parrett.

Work No.8C — Eel passage improvement at Long Load Sluice to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8C includes replacement of a section of the existing river wall with a reinforced concrete structure incorporating a gravity eel pass in the river Yeo.

Work No.8D — Eel passage improvements at Monk’s Leaze Clyse to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8D includes installation of a pumped eel pass installed within the existing sluice structure between the river Parrett and the river Sowy.

Work No.8E — Eel passage improvements at Midelney Pumping Station to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8E includes replacement of the existing side wall with a reinforced concrete structure incorporating a gravity eel pass in the River Isle.

Work No.8F — Eel passage improvements at Thorney Mill Sluices to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8F includes installation of an eel bristle trough fixed to the existing channel side wall and minor modifications to the weir crest to allow installation of the trough within the river Parrett.

Work No.8G — Eel passage improvements at Witcombe Bottom Tilting Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8G includes the installation of an eel bristle trough on the existing weir between the river Yeo and the Witcombe Bottom Main Drain.

In the District of Somerset West and Taunton, Somerset

Work No.8H — Fish passage improvements at Bishop’s Hull Gauging Station to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8H includes lowering the right third of the weir crest to improve fish passage and installation of gravity feed eel tiles on the existing river wall of the River Tone.

Work No.8I — Fish passage improvements at Bradford-on-Tone Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8I includes installation of a rock ramp fish pass in land adjacent to the bank of the River Tone.

Work No.8J — Fish passage improvements at Firepool Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8J includes replacement of timber stop boards in the existing fish pass with new boards with curved notches and installation of a new gravity eel pass in the side wall of the existing fish pass on the River Tone.

Work No.8K — Fish passage improvements at French Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8K includes replacement of timber stop boards in the existing fish pass with new boards with curved notches, installation of a new gravity eel pass in the side wall of the existing fish pass and installation of a debris deflector at the fish pass exit within the River Tone.

Work No.8L — Fish passage improvements at Longaller Weir to provide mitigation for the operation of the barrier forming part of Work No.1A. Work No.8L includes the installation of an eel board onto the weir face, construction of a rock pre-barrage around the base of the existing fish pass and modifications to the weir crest and face within the River Tone.

SCHEDULE 2 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/16	Footpath stopped up to all traffic between points marked ‘D’ and ‘I’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/7	Footpath stopped up to all traffic between points marked ‘B’ and ‘C’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘F’ and ‘G’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/12	Footpath stopped up to all traffic between points marked ‘B’ on sheet 1 of the public rights of way plans and ‘B’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘B’ on sheet 1 of the public rights of way plans and ‘B’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/9	Footpath stopped up to all traffic between points marked ‘A’ and ‘G’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 10/10	Footpath stopped up to all traffic between points marked ‘C’ and ‘D’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Straight Drove (in part)	Street stopped up to all traffic between points marked ‘F’ and ‘E’ on sheet 2 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 34/36	Footpath stopped up to all traffic between points marked ‘A’ and ‘C’ and points marked ‘D’ and ‘B’ on sheet 3 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 27/12	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 4 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 4 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 27/4	Footpath stopped up to all traffic between points marked ‘D’ and ‘E’ and ‘F’ and ‘C’ on sheet 4 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 5/4	Footpath stopped up to all traffic between points marked ‘A’ on sheet 5 of the public rights of way plans and ‘C’ on sheet 6 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Coastal Footpath stopped up to all traffic between points marked ‘A’ on sheet 5 and ‘B’ on sheet 6 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Public Footpath B/W 25/31	Footpath stopped up to all traffic between points marked ‘C’ and ‘B’ on sheet 6 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L13/6	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 7 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath Y13/2	Footpath stopped up to all traffic between points marked ‘A’ and ‘C’ on sheet 8 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L21/4	Footpath stopped up to all traffic between points marked ‘C’ and ‘B’ on sheet 8 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L1/3	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 9 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L10/19	Footpath stopped up to all traffic between points marked ‘A’ and ‘C’ on sheet 10 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L17/10	Footpath stopped up to all traffic between points marked ‘D’ and ‘B’ on sheet 10 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath L17/38	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 11 of the public rights of way plans.
In the District of South Somerset, Somerset	Public Footpath Y13/3	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 12 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Footpath WG3/17	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 13 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Bridleway T33/21	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 14 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Footpath T33/22	Footpath stopped up to all traffic between points marked ‘B’ and ‘C’ on sheet 14 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Bridleway T33/28	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ on sheet 15 of the public rights of way plans.
In the District of Somerset West and Taunton, Somerset	Public Footpath T33/28/1	Footpath stopped up to all traffic between points marked ‘C’ and ‘D’ on sheet 15 of the public rights of way plans.

SCHEDULE 3 — STREETS TO BE PERMANENTLY STOPPED UP

(1) Area	(2) Street affected	(3) Extent of stopping up	(4) New street to be substituted
In the District of Sedgemoor, Somerset	B/W 10/12	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ via point ‘H’ on sheet 1 of the public rights of way plans.	Temporary footpath during construction of the works, open to foot traffic only between points marked ‘A’ on sheet 1 and ‘B’ on sheet 2 via point ‘C’ on sheet 1 of the public rights of way plans. Permanent footpath open to foot traffic only following completion of the works between points marked ‘A’ and ‘B’ via points ‘K’, ‘D’ and ‘E’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	Coastal Footpath ECP	Footpath stopped up to all traffic between points marked ‘A’ and ‘B’ via point ‘H’ on sheet 1 of the public rights of way plans.	Temporary footpath during construction of the works, open to foot traffic only between points marked ‘A’ on sheet 1 and ‘B’ on sheet 2 via point ‘C’ on sheet 1 of the public rights of way plans. Permanent footpath open to foot traffic only following completion of the works between points marked ‘A’ and ‘B’ via points ‘K’, ‘D’ and ‘E’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	B/W 10/16	Footpath stopped up to all traffic between points marked ‘A’ and ‘D’ on sheet 1 of the public rights of way plans.	Temporary footpath during construction of the works, open to foot traffic only between points marked ‘A’ and ‘C’ on sheet 1 of the public rights of way plans. Permanent footpath open to foot traffic only following completion of the works between points marked ‘A’ and ‘D’ via point ‘K’ on sheet 1 of the public rights of way plans.
In the District of Sedgemoor, Somerset	B/W 34/36	Footpath stopped up to all traffic between points marked ‘C’ and ‘D’ on sheet 3 of the public rights of way plans.	Permanent footpath open to foot traffic only between points marked ‘C’ and ‘D’ via point ‘E’ on sheet 3 of the public rights of way plans.

SCHEDULE 4 — 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 and in the case 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 following modification.

• (2) For section 5A(5A) of the 1961 Act[^f00072] (relevant valuation date), 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; (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 10 of Schedule 4 (modification of compensation and compulsory purchase enactments for creation of new rights) to the Bridgwater Tidal Barrier Order 2022) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on 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[^f00073] 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 of the 1965 Act (measure of compensation in case of severance) as substituted by paragraph 4—

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

• (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

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are 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.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act (compulsory purchase under Acquisition of Land Act of 1946) applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, with the modifications specified in paragraphs 5 to 10.

5

For section 7 of the 1965 Act (measure of compensation in case of severance), 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 to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive 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.

6

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)—

• (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);

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

are modified so as 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.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in the like circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is to be deemed for this purpose to have been created on the date of service of the notice); and section 12 of the 1965 Act[^f00074] (penalty for unauthorised entry) and section 13 of that Act (entry on warrant in the event of obstruction) are modified correspondingly.

8

Section 20 of the 1965 Act[^f00075] (protection for interests of tenants at will etc.) 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.

9

Section 22 of the 1965 Act (interests omitted from purchase) is 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, subject to compliance with that section as respects compensation.

10

For Schedule 2A of the 1965 Act substitute—

SCHEDULE2A (1) This Schedule applies where an acquiring 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 has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981[^f00076] as applied by article 34 of the Bridgwater Tidal Barrier Order 2022 (application of the Compulsory Purchase (Vesting Declarations) Act 1981)in respect of the land to which the notice to treat relates. (2) 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 acquiring 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 acquiring 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 acquiring 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 acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves 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 acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring 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 acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring 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 it 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 5 — LAND WHICH MAY BE COMPULSORILY ACQUIRED

(1) Area	(2) Plot number of land shown on the land plans
In the District of Sedgemoor, Somerset	239, 245, 246, 248, 252, 256, 257, 258, 259, 267, 268, 269, 270, 273, 274, 275

SCHEDULE 6 — LAND OF WHICH TEMPORARY POSSESSION ONLY MAY BE TAKEN

(1) Area	(2) Number of land shown on the Order plans	(3) Purpose for which temporary possession may be taken
In the District of Sedgemoor, Somerset	1	Construction of Work No.6D
In the District of Sedgemoor, Somerset	2	Construction of Work No.6C
In the District of Sedgemoor, Somerset	3	Construction access (Work No.6D)
In the District of Sedgemoor, Somerset	4, 14	Construction of Work No.6B
In the District of Sedgemoor, Somerset	5, 7, 16	Construction working area (Work No.4C)
In the District of Sedgemoor, Somerset	9	Construction working area (Work No.6A)
In the District of Sedgemoor, Somerset	10, 11, 18	Construction access and working area (Work Nos. 6A and 6B)
In the District of Sedgemoor, Somerset	12	Construction of Work No.6A
In the District of Sedgemoor, Somerset	13	Construction access and working area (Work No.6A)
In the District of Sedgemoor, Somerset	15	Construction access (Work Nos. 6A and 6B)
In the District of Sedgemoor, Somerset	20	Construction access and working area (Work Nos. 4A, 4B and 4C)
In the District of Sedgemoor, Somerset	21, 22	Construction working area (Work Nos. 4A, 4B and 4C)
In the District of Sedgemoor, Somerset	23	Construction working area (Work Nos. 4A and 4B)
In the District of Sedgemoor, Somerset	25, 32, 34	Construction access and working area (Work Nos. 4A and 4B)
In the District of Sedgemoor, Somerset	27	Construction access and working area (Work No.4B)
In the District of Sedgemoor, Somerset	28	Construction access and working area (Work No.4B)
In the District of Sedgemoor, Somerset	29	Construction working area (Work Nos. 4A, 4B and 4C)
In the District of Sedgemoor, Somerset	44	Construction of Work No.5G
In the District of Sedgemoor, Somerset	67	Construction compound and access (Work Nos. 3A, 3B, 3C, 3D and 3E)
In the District of Sedgemoor, Somerset	69	Construction working area (Work Nos. 3D and 3E)
In the District of Sedgemoor, Somerset	73, 84, 85, 86, 87, 89	Construction access (Work No.3C) and protective works
In the District of Sedgemoor, Somerset	74, 88, 90, 91, 92, 93, 94	Protective works
In the District of Sedgemoor, Somerset	99, 101, 110	Construction access (Work Nos. 3A, 3B, 3C, 3D and 3E)
In the District of Sedgemoor, Somerset	104, 111	Construction access and working area (Work Nos. 3A and 3B)
In the District of Sedgemoor, Somerset	106	Construction access and working area (Work Nos. 3A, 3B, 3C, 3D and 3E)
In the District of Sedgemoor, Somerset	108	Construction of Work No.5F, associated haul road and construction access (Work Nos. 3A, 3B, 3C, 3D and 3E)
In the District of Sedgemoor, Somerset	114	Construction of Work No.5F and associated haul road
In the District of Sedgemoor, Somerset	119, 120, 122, 123, 125, 126, 128, 129, 130, 134, 135, 137, 140, 142, 151	Construction access and working area (Work No.2H)
In the District of Sedgemoor, Somerset	144, 146, 147, 149	Construction access and working area (Work Nos. 2G and 2H)
In the District of Sedgemoor, Somerset	152, 153, 162, 171, 173, 174, 176, 179, 181	Haul road serving Work No.5E
In the District of Sedgemoor, Somerset	155, 164	Working area (Work No.2G)
In the District of Sedgemoor, Somerset	156	Construction of Work No.5E
In the District of Sedgemoor, Somerset	158	Construction compound and access (Work Nos. 2G and 2H)
In the District of Sedgemoor, Somerset	166, 167, 170, 177	Construction access (Work Nos. 2G and 2H)
In the District of Sedgemoor, Somerset	182, 183	Construction access and working area (Work No.2G)
In the District of Sedgemoor, Somerset	185, 186, 187, 188, 190, 191, 194	Construction working area (Work No.2G)
In the District of Sedgemoor, Somerset	192	Construction working area (Work Nos. 2F and 2G)
In the District of Sedgemoor, Somerset	196	Construction access and working area (Work No.2E)
In the District of Sedgemoor, Somerset	197, 199	Construction working area (Work No.2F)
In the District of Sedgemoor, Somerset	201	Construction access (Work Nos. 2E and 2F)
In the District of Sedgemoor, Somerset	204	Construction working area (Work Nos. 2E and 2F)
In the District of Sedgemoor, Somerset	206	Construction working area (Work No.2E)
In the District of Sedgemoor, Somerset	209	Construction working area (Work No.5A)
In the District of Sedgemoor, Somerset	210	Construction of Work No.5B and associated haul road
In the District of Sedgemoor, Somerset	211	Construction access, working area and haul road serving Work No.5A
In the District of Sedgemoor, Somerset	214	Construction of Work No.5B
In the District of Sedgemoor, Somerset	215	Construction access (Work Nos. 2D, 2E and 5D)
In the District of Sedgemoor, Somerset	217	Construction of Work No.5A and associated haul road
In the District of Sedgemoor, Somerset	219	Construction of Work No.5A
In the District of Sedgemoor, Somerset	221	Construction access and haul road serving Work No.5A
In the District of Sedgemoor, Somerset	223	Construction working area and haul road serving Work No.5A
In the District of Sedgemoor, Somerset	225, 234	Construction access (Work Nos. 2A to 2H)
In the District of Sedgemoor, Somerset	229	Construction access (Work No.2D)
In the District of Sedgemoor, Somerset	231, 237	Construction working area (Work No.5C)
In the District of Sedgemoor, Somerset	232	Construction access (Work Nos. 2C and 2D)
In the District of Sedgemoor, Somerset	238, 241, 264	Construction access and working area (Work Nos. 1A and 1B)
In the District of Sedgemoor, Somerset	242, 247, 249, 262	Construction access and working area (Work No.1A)
In the District of Sedgemoor, Somerset	243	Construction access and working area (Work Nos. 1A and 2A)
In the District of Sedgemoor, Somerset	244, 251, 253	Construction working area (Work No.1A)
In the District of Sedgemoor, Somerset	250, 276	Construction working area (Work No.1B)

SCHEDULE 7 — BRIDGWATER TIDAL BARRIER BYELAWS

PART 1 — PRELIMINARY

Citation and Commencement

1

• (1) These byelaws may be cited as the Bridgwater Tidal Barrier Byelaws 2022 and are deemed to be made by the Environment Agency under article 51(1) (byelaws) of the Bridgwater Tidal Barrier Order 2022 and confirmed by the Secretary of State as provided for by article 51(5) of that Order.

• (2) These byelaws come into force on practical completion of the Bridgwater Tidal Barrier.

2

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

• “the Agency” means the Environment Agency;

• “authorised person” means— a person acting in the course of that person’s duties who— is an employee, agent, contractor or sub-contractor of the Agency; or is authorised by the Agency; a constable, Police Community Support Officer, an officer of the Health and Safety Executive, person authorised for the purposes of section 44 of the Fire and Rescue Services Act 2004[^f00077] (powers of fire-fighters etc in an emergency etc) or a person accredited by or under section 41 of the Police Reform Act 2002[^f00078] (accreditation under community safety accreditation schemes), acting in the execution of that person’s duties in the vicinity of the barrier;

• “the barrier” means the Bridgwater Tidal Barrier;

• “barrier infrastructure” means the barrier and infrastructure physically adjoining and surrounding the barrier including the platform, apron and cills;

• “barrier equipment” includes plant and machinery, and any emergency, safety or communications equipment used in connection with the operation of the barrier;

• “the Bridgwater Tidal Barrier” means the barrier constructed pursuant to the Bridgwater Tidal Barrier Order 2022 at a location adjacent to the western boundary of the existing business park known as Express Park situated to the north of Bridgwater, Somerset;

• “the byelaws” means these byelaws;

• “in the vicinity of the barrier” means the area shown edged red on The Bridgwater Tidal Barrier Byelaws Plan;

• “the foot and cycle bridge” means the foot and cycle bridge located immediately downstream of the barrier;

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

• “practical completion” means the date on which the construction and commissioning of the Bridgwater Tidal Barrier is complete so that the barrier can be operated for flood risk management purposes; and

• “vertical lift gate” means either one of the twin vertical lift gates comprised within the barrier.

• (2) The Interpretation Act 1978[^f00079] applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

PART 2 — CONDUCT AND BEHAVIOUR

Unacceptable behaviour

3

A person must not—

• (a) climb upon, remove or damage (whether deliberately or negligently) any barrier infrastructure or barrier equipment;

• (b) remove, move or otherwise interfere with the barrier or any machinery, apparatus, tools or other things in use or intended for use in connection with the barrier;

• (c) post a bill, placard or notice on any barrier infrastructure or barrier equipment;

• (d) write, print, draw or paint on or cut, mark or stamp any barrier infrastructure or barrier equipment;

• (e) fix anything to any barrier equipment or barrier infrastructure;

• (f) move, alter, deface or otherwise interfere with any notice belonging to the Agency which is exhibited or placed in the vicinity of the barrier and which relates to navigation or to the use or operation of the barrier; or

• (g) without prejudice to any other requirement of the byelaws, act in any way as to cause a nuisance in the vicinity of the barrier.

PART 3 — EQUIPMENT AND SAFETY

General safety

4

• (1) A person must not operate, obstruct, interfere with or stop any barrier equipment or barrier infrastructure except—

• (a) by means of any of the controls intended for use by that person, or

• (b) in an emergency and by means of equipment on or near which is a notice indicating that it is to be used in an emergency.

• (2) A person must not place, throw, drop or trail anything which is capable of injuring or endangering any person or damaging any property in the vicinity of the barrier.

• (3) A person must not, without reasonable cause, activate, use or interfere with any emergency, safety or communications equipment within the vicinity of the barrier.

PART 4 — ACTIVITIES IN THE VICINITY OF THE BARRIER

Fishing

5

A person must not fish by rod and line or any other means, including (but not limited to) an elver dip net, within the vicinity of the barrier.

Swimming

6

A person may not swim in the vicinity of the barrier when either of the vertical lift gates are closing or opening.

PART 5 — ACCESSING THE BARRIER

Unauthorised access and loitering

7

• (1) A person must not without reasonable excuse loiter on the foot and cycle bridge if asked to leave by an authorised person.

• (2) A person must not enter or attempt to enter the access controlled area.

• (3) In sub-paragraph (2), “the access controlled area” means all parts of the barrier infrastructure which do not form part of the foot and cycle bridge.

PART 6 — ENFORCEMENT, ETC.

Name and address

8

• (1) A person reasonably suspected by an authorised person of breaching or attempting to contravene a byelaw must immediately give that person’s name and address when requested to do so by an authorised person.

• (2) The authorised person requesting details under sub-paragraph (1) must state the nature of the suspected breach of the byelaw in general terms at the time of the request.

Compliance with instructions and notices, etc.

9

• (1) A person in the vicinity of the barrier must carry out the reasonable instructions of an authorised person and the requirements of any notice displayed by the Agency.

• (2) A person must not obstruct an authorised person acting in the course of the duties of the authorised person.

• (3) A person is not liable for breach of a byelaw while acting in compliance with the express instructions of an authorised person.

• (4) A person is not liable for breach of a byelaw by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular byelaw was displayed.

Identification of authorised persons

10

• (1) An authorised person who is exercising any power conferred on an authorised person by any of the byelaws must produce a form of identification when requested to do so.

• (2) The form of identification mentioned in sub-paragraph (1) must include the name of the authorised person’s employer and a means of identifying the authorised person.

Offence and level of fines

11

Any person who contravenes or attempts to contravene a byelaw is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Contraventions by authorised persons

12

An authorised person acting in the course of the duties of the authorised person is not liable for a contravention of a byelaw.

SCHEDULE 8 — STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers etc. on land acquired

1

• (1) Sections 271 to 274 of the 1990 Act[^f00080] (extinguishment of rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) apply in relation to any land acquired or appropriated by the Agency under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions, including sections 275 to 278, (which contain provisions consequential on the extinguishment of any rights under sections 271 and 272) and sections 279(2) to (4)[^f00081], 280 and 282, (which provide for the payment of compensation) have effect accordingly.

• (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1), references to the appropriate Minister are references to the Secretary of State.

• (3) Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the Agency compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (4) Sub-paragraph (3) does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer, or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the Agency compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

• (5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, do not have effect in relation to apparatus as respects which Part 3 of the 1991 Act applies.

• (6) In this Schedule—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003 (interpretation of Chapter 1),

• “public utility undertakers” has the same meaning as in section 329(1) the 1980 Act[^f00082].

SCHEDULE 9 — PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Application and Interpretation

1

This Schedule has effect unless otherwise agreed in writing between the Agency and the specified undertaker concerned.

On-street apparatus

2

This Schedule does not apply to anything done or proposed to be done in relation to or affecting apparatus in respect of which the relations between the Agency and the specified undertaker are regulated by the provisions of Part 3 of the 1991 Act.

3

The provisions of Schedule 8 (statutory undertakers, etc.), in so far as they relate to the removal of apparatus, do not apply in relation to apparatus to which this Schedule applies.

4

• (1) In this Schedule—

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

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in section 64(1) the Electricity Act 1989[^f00083]) belonging to or maintained by that specified undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker— mains, pipes or other apparatus belonging to or maintained by that specified undertaker for the purposes of water supply; and mains, pipes or other apparatus that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991[^f00084] (agreements to adopt water main or service pipe); and in the case of a sewerage undertaker— any drain or works vested in the specified undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act[^f00085] (adoption of sewers and disposal works) or an agreement to adopt made under section 104 of that Act[^f00086] (agreement to adopt sewer, drain or sewage disposal works, at future date), 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 includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “in land”, in relation to apparatus or alternative apparatus, includes a reference to under, over, across, along or upon land;

• “plans” includes sections, specifications and method statements;

• “specified undertaker” means— Western Power Distribution (South West) plc, whose registered office is Avonbank, Feeder Road, Bristol, BS2 0TB; and Wessex Water Services Limited, whose registered office is Operation Centre, Claverton Down Road, Claverton Down, Bath, Somerset, United Kingdom, BA2 7WW. or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00087], a water undertaker within the meaning of the Water Industry Act 1991, or as a sewerage undertaker, and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained.

• (2) In paragraph (1), “functions” includes powers and duties.

Acquisition of land

5

• (1) Regardless of any provision in this Order or anything shown on the deposited plans the Agency must not acquire any apparatus other than by agreement with the specified undertaker.

• (2) The Agency may, in the exercise of the powers conferred by this Order, acquire or appropriate any interest in any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus are extinguished, but that apparatus must not be removed under this Schedule and any right of a specified undertaker to use, maintain or renew that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the specified undertaker in question.

Removal of apparatus

6

• (1) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the Agency requires the removal of any apparatus placed in that land, it must give to the specified undertaker written notice of that requirement, together with plans 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 specified undertaker reasonably needs to remove any of its apparatus) the Agency must, subject to sub-paragraph (3), afford to the specified undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the Agency and for the subsequent use, maintenance and renewal of that apparatus.

• (2) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the Agency, or the Agency is unable to afford such facilities and rights as are mentioned in sub-paragraph (1), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the specified undertaker in question must, on receipt of a written notice to that effect from the Agency, as soon as reasonably possible 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 specified undertaker under sub-paragraph (2) does not extend to the exercise by the specified 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 Agency under this Schedule is to be constructed in such manner and in such line or situation as may be agreed between the specified undertaker and the Agency or in default of agreement settled by arbitration in accordance with article 68 (arbitration).

• (5) The specified undertaker must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 68 (arbitration), and after the grant to the specified undertaker of any such facilities and rights as are referred to in sub-paragraphs (1) or (2), proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the Agency to be removed under the provisions of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the Agency gives notice in writing to the specified undertaker in question that it desires itself to execute any work to which this sub-paragraph applies, that work, instead of being executed by the specified undertaker, may be executed by the Agency with the prior written consent of the specified 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 specified undertaker and the Agency or, in default of agreement, determined by arbitration, with all reasonable despatch under the superintendence, if given, and to the reasonable satisfaction of the specified undertaker.

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

• (8) Sub-paragraph (6) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of the Agency.

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

Facilities and rights for alternative apparatus

7

• (1) Where, in accordance with this Schedule, the Agency affords to a specified undertaker facilities and rights for the construction, use, maintenance and renewal in land of the Agency 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 Agency and the specified undertaker or in default of agreement settled by arbitration in accordance with article 68 (arbitration).

• (2) In settling those terms and conditions in respect of the alternative apparatus to be constructed across or along the authorised works, the arbitrator must—

• (a) give effect to all reasonable requirements of the Agency for ensuring the safety and efficient operation of the authorised works 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 Agency; 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 the apparatus constructed across or along the authorised works for which the alternative apparatus is to be substituted and to any other reasonable requirements of the specified undertaker.

• (3) If the facilities and rights to be afforded by the Agency 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 more or less favourable on the whole to the specified undertaker 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 to or by the Agency by or to that specified undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection and plan approval

8

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 6(1) that are near to, or will or may affect, any apparatus the removal of which has not been required by the Agency under paragraph 5(1), the Agency must submit to the specified undertaker in question plans of those works.

• (2) Those works are to be executed only in accordance with the plans submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the specified undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the specified undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by the specified undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which the plans under sub-paragraph (1) are submitted to it.

• (4) If a specified undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the Agency, reasonably requires the removal of any apparatus and gives written notice to the Agency of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by the Agency under paragraph 5(1).

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

• (6) The Agency is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the specified undertaker notice as soon as is reasonably practicable and plans 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 Agency to carry out works to any apparatus but, upon receipt of notice from the Agency, the specified undertaker must proceed to carry out such works as may be required without unreasonable delay.

Expenses

9

• (1) Subject to the following provisions of this paragraph, the Agency must repay to a specified undertaker the reasonable expenses incurred by that specified undertaker in, or in connection with—

• (a) the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any alternative apparatus under any provision 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);

• (b) the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus in consequence of the exercise by the Agency of any power under this Order; and

• (c) the survey of any land, apparatus or works; the inspection, superintendence and monitoring of works; or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by the Agency of any power under this Order; and any other work or thing rendered reasonably necessary in consequence of the exercise by the Agency of any such power,

within a reasonable time of being notified by the specified undertaker that it has incurred such expenses.

• (2) The value of any apparatus removed under the provisions 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 the provisions of this Schedule—