The M25 Junction 28 Development Consent Order 2022

• (i) the land specified in column (1) of Schedule 8 (land of which temporary possession only may be taken) for the purpose specified in relation to that land in column (2) of that Schedule relating to the part of the authorised development specified in column (3) of that Schedule; and

• (ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

• (b) remove any electric line, electrical plant, apparatus, buildings, landscaping and vegetation from that land;

• (c) construct temporary works (including the provision of means of access) and buildings on that land; and

• (d) construct any works on that land as are mentioned in Schedule 1 (authorised development).

• (2) Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a)(ii).

• (3) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

• (a) in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Schedule 8; or

• (b) in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land.

• (4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

• (a) replace a building removed under this article;

• (b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

• (c) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

• (d) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; or

• (e) remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works.

• (5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

• (6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

• (7) Any dispute as to the removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

• (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) Section 13⁷⁹ (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

• (11) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1).

Temporary use of land for maintaining the authorised development

35

• (1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

• (a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

• (b) enter onto land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

• (c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

• (2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

• (a) any house or garden belonging to a house; or

• (b) any building (other than a house) if it is for the time being occupied.

• (3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken.

• (4) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of—

• (a) the authorised development or any of its parts;

• (b) the public; or

• (c) the surrounding environment,

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.

• (5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

• (6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

• (7) Any dispute as to the removal of temporary works and restoration of land under paragraph (6) does not prevent the undertaker giving up possession of the land.

• (8) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

• (9) Any dispute as to a person’s entitlement to compensation under paragraph (8), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

• (10) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (8).

• (11) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (12) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

• (13) In this article “the maintenance period”, in relation to any part of the authorised development means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Crown rights

36

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the undertaker or any grantee to take, use, enter upon or in any manner interfere with any land or rights of any description including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary—

• (a) 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;

• (b) 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

• (c) 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.

• (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

• (3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Statutory undertakers

37

• (1) Subject to the provisions of Schedule 9 (protective provisions), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), and paragraph (2), the undertaker may—

• (a) acquire compulsorily, or acquire new rights, or impose restrictive covenants over any Order land belonging to statutory undertakers; and

• (b) extinguish the rights of, and remove or reposition apparatus belonging to, statutory undertakers over or within the Order land.

• (2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

• (a) Part 3 of the 1991 Act; and

• (b) article 38 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

38

• (1) Where a street is stopped up under article 15 (permanent stopping up of streets), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

• (2) Where a street is stopped up under article 15 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

• (b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

• (3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

• (a) the execution of the relocation works required in consequence of the stopping up of the street; and

• (b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

• (4) If in the course of the execution of relocation works under paragraph (2)—

• (a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; 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 to be necessary, then, if it involves cost in the execution of the relocation works 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 paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

• (5) For the purposes of paragraph (4)—

• (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.

• (6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) 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 utility 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.

• (7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

• (a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

• (b) the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

• (8) In this article—

• “relocation works” means work executed, or apparatus provided, under paragraph (2); and

• “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of chapter 1) of the Communications Act 2003⁸⁰.

Recovery of costs of new connections

39

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 37 (statutory undertakers) 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 undertaker 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.

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 37, 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 undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

• (3) This article does not have effect in relation to apparatus to which article 38 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

• (4) In this paragraph—

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

• “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Special category land

40

• (1) On the exercise by the undertaker of the relevant Order powers, so much of the special category land as is required for the purposes of the exercise by the undertaker of the Order rights is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise by the undertaker of the Order rights.

• (2) So far as the temporary use of land under article 34 (temporary use of land for carrying out the authorised development) is concerned, then the discharge in paragraph (1) is only for such time as the land is being used under that article.

• (3) In this article—

• “Order rights” means the rights and powers exercisable over the special category land by the undertaker under article 28 (compulsory acquisition of rights and imposition of restrictive covenants) and article 34;

• “the special category land” means the land identified as forming part of a common, open space, or fuel or field allotment and numbered 1/8 and 1/8a in the book of reference and on the plan entitled “special category land plans”; and

• “special category land plans” means the documents of that description certified by the Secretary of State as the special category land plans for the purposes of this Order.

PART 6 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

41

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

• (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

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 the 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; or

• (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.

Operational land for purposes of the 1990 Act

42

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

43

• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990⁸¹ in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)⁸² of that Act if—

• (a) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974⁸³; or

• (ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

• (b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

• (2) Section 61(9)⁸⁴ (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) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

44

Schedule 9 (protective provisions) has effect.

Certification of documents, etc.

45

• (1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 10 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

• (2) Where any plan or document set out in Schedule 10 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

• (3) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

46

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

• (a) by post;

• (b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

• (c) with the consent of the recipient and subject to paragraphs (5) 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 (references to service by post) of the Interpretation Act 1978⁸⁵ 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, the last known address of that person 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 will be taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

• (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 part of that notice or other document the sender will 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.

• (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Disapplication of legislative provisions

47

• (1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction or maintenance of the authorised development—

• (a) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016⁸⁶ in relation to the carrying on of a flood risk activity;

• (b) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991⁸⁷;

• (c) section 30⁸⁸ (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991;

• (d) section 32⁸⁹ (variation of awards) of the Land Drainage Act 1991;

• (e) the provisions of any byelaws made under section 66⁹⁰ (powers to make byelaws) of the Land Drainage Act 1991; and

• (f) the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 (byelaw-making powers of the appropriate agency) to the Water Resources Act 1991⁹¹.

• (2) In paragraph (1)(a) “flood risk activity” has the meaning given in paragraph 3(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016.

• (3) The provisions of the Neighbourhood Planning Act 2017⁹², insofar as they relate to temporary possession of land under articles 34 (temporary use of land for carrying out the authorised development) and 35 (temporary use of land for maintaining the authorised development) of this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 35(13), any maintenance of any part of the authorised development.

• (4) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010⁹³ any building comprised in the authorised development is to be—

• (a) a building into which people do not normally go; or

• (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Amendment of local legislation

48

• (1) The following local enactments and local byelaws, and any byelaws or other provisions made under any of those enactments or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this Order—

• (a) sections 20, 22, 25 of the Hornchurch, Romford and Havering Inclosures Act 1811⁹⁴;

• (b) section 25 of the Great Warley and Shenfield (Essex) Inclosure Act 1838⁹⁵;

• (c) sections 13 and 15 of the South Essex Waterworks Act 1861⁹⁶;

• (d) section 53 of the Brentwood Gas Act 1905⁹⁷;

• (e) sections 41 and 44 of the London County Council (General Powers) Act 1907⁹⁸;

• (f) section 15 of the British Transport Commission Act 1952⁹⁹;

• (g) sections 7 and 11 of the Essex River and South Essex Water Act 1969¹⁰⁰;

• (h) sections 6 and 8 of the Essex Act 1987¹⁰¹;

• (i) byelaws of the Rural District Council of Romford as to the nuisances in connection with the removal of offensive noxious matters 1899;

• (j) byelaws of the Rural District Council of Romford with respect to the Drainage of Buildings 1908;

• (k) byelaw 4 of the Essex County Council byelaws for the Good Rule and Government 1938;

• (l) byelaws 4, 6 and 7 of the Urban District of Hornchurch byelaws for Nuisances 1938;

• (m) byelaws of the Urban District Council of Hornchurch as to removal through streets of offensive or noxious matter or liquid 1938; and

• (n) byelaws 4, 6, 7, 9, 14, 16 and 17 of the Thames Region Land Drainage Byelaws 1981.

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

• (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 the power 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 undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and in any event within 14 days of receipt of the notice, respond in writing setting out—

• (a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

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

• (c) the extent of that exclusion.

No double recovery

49

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

Disregard of certain improvements etc.

50

• (1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account—

• (a) any interest in land; or

• (b) any enhancement of the value of any interest in land by reason of any building erected, works carried out or improvement or alteration made on the relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the carrying out of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

• (2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works carried out or the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Set off for enhancement in value of retained land

51

• (1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

• (2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 28 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal must set off against the value of the rights so acquired—

• (a) any increase in the value of the land over which the new rights are required; and

• (b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

• (3) The 1961 Act has effect, subject to paragraphs (1) and (2) as if this Order were a local enactment for the purposes of that Act.

Appeals relating to the Control of Pollution Act 1974

52

• (1) Except as otherwise provided in this Order, the undertaker may appeal in the event that a local authority issues a notice under section 60 (control of noise on construction sites), or does not give consent or grants consent but subject to conditions, under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974¹⁰².

• (2) The appeal process is as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision, or the date by which a decision was due to be made, as the case may be;

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the local authority and affix a notice to a conspicuous object on or near the site of the works which are the subject of such appeal, which must give details of the decision of the local authority and notice that an appeal has been made together with the address within the locality where the appeal documents may be inspected and details of the manner in which representations on the appeal may be made;

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

• (d) the local authority must submit their written representations to the appointed person in respect of the appeal within 10 business days of the start date and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations under sub-paragraph (d); and

• (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

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

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

• (5) Any further information required under paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person.

• (6) The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day.

• (7) The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the agreed date but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (e).

• (8) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

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

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

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

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

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

• (12) Except where a direction is given under paragraph (13) requiring some or all of the costs of the appointed person to be paid by the local authority, the reasonable costs of the appointed person must be met by the undertaker.

• (13) The appointed person may give directions as to the costs of the appeal and as to the parties by whom such costs are to be paid.

• (14) In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the relevant Planning Practice Guidance published by the Ministry of Housing, Communities and Local Government or such guidance as may from time to time replace it.

Arbitration

53

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must 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 Institution of Civil Engineers.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

The authorised development comprises a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act and associated development, as defined in section 115(2) of the 2008 Act, comprising—

HIGHWAY WORKS – A12 CARRIAGEWAY

In the London Borough of Havering and the Borough of Brentwood

Work No. 1 — Improvements to a stretch of the existing A12 eastbound carriageway, along a length of 1,800 metres, commencing at a location situated 15 metres to the west of Woodstock Avenue and continuing eastwards to a point situated 160 metres to the west of the existing Wigley Bush Lane overbridge, as shown on sheets 1 and 2 of the works plans.

In the London Borough of Havering

Work No. 2 — Realignment of the existing A12 eastbound off-slip, along a length of 760 metres, inclusive of the diverge, commencing at a location situated 265 metres west of the existing off-slip, and terminating at the existing circulatory carriageway of the M25 Junction 28 roundabout, as shown on sheet 1 of the works plans. Work No. 2 includes a footway within the verge, a new bridge (Maylands bridge) to carry the realigned A12 eastbound off-slip over Work No. 6 and the extension of the existing Grove culvert not exceeding 80 metres in length, beneath the realigned A12 eastbound off-slip.

In the Borough of Brentwood

Work No. 3 — Improvements to a stretch of the existing A12 eastbound on-slip, along a length of 550 metres, commencing at the existing on-slip offside kerb at the circulatory carriageway of the M25 Junction 28 roundabout and terminating at a location situated 160 metres to the west of the existing Wigley Bush Lane Overbridge, as shown on sheets 1 and 2 of the works plans.

In the London Borough of Havering

Work No. 4 — Improvements to the existing A12 westbound carriageway, at a location situated 230 metres east of Maylands Way, as shown on sheet 1 of the works plans comprising the installation of new traffic signs either side of the carriageway.

HIGHWAY WORKS - M25 JUNCTION 28 ROUNDABOUT

In the London Borough of Havering

Work No. 5 — Improvements to the existing circulatory carriageway of the M25 Junction 28 roundabout, along a length of 610 metres, at the location shown on sheet 1 of the works plan.

HIGHWAY WORKS – NEW M25 JUNCTION 28 LOOP ROAD

In the London Borough of Havering

Work No. 6 — A new loop road, 1,450 metres in length, inclusive of the diverge and merge, connecting the existing M25 northbound carriageway and the existing A12 eastbound carriageway, commencing at the northern end of the Brook Street Viaduct and terminating at the western end of Poplars West bridge; running generally northwards, passing over the proposed M25 northbound on-slip (Work No. 8), then looping west of the M25 carriageway, passing over the realigned Weald Brook (Work No. 23C), then looping southwards, passing beneath Work No. 2, passing over the Weald Brook and the Ingrebourne River before tying into the existing A12 eastbound carriageway at the existing Poplar West bridge, as shown on sheet 1 of the works plans. Work No. 6 includes—

• (a) a new bridge, labelled ‘Alder Wood bridge’ on sheet 1 of the works plans, to carry Work No. 6 over the M25 northbound on-slip (Work No. 8);

• (b) a new underpass, labelled ‘Grove Farm Underpass’ on sheet 1 of the works plans, to carry Work No. 6 over a proposed access track (Work No. 14);

• (c) a new bridge, labelled ‘Duck Wood bridge’ on sheet 1 of the works plans, to carry Work No. 6 over the realigned Weald Brook (Work No. 23C); and

• (d) a new bridge, labelled ‘Grove bridge’ on sheet 1 of the works plans, to carry Work No. 6 over the realigned Weald Brook (Work No. 23B) and Ingrebourne River (Work No. 23D).

HIGHWAY WORKS – M25 CARRIAGEWAY

In the London Borough of Havering and the Borough of Brentwood

Work No. 7 — Improvements to a stretch of the existing M25 northbound carriageway, commencing at the northern end of the Brook Street viaduct on the M25 mainline and continuing north westwards for a length of 1,250 metres as shown on sheets 1 and 3 of the works plans.

In the London Borough of Havering

Work No. 8 — Realignment of a stretch of the existing M25 northbound on-slip, along a length of 1,230 metres, inclusive of the merge, including the extension of two existing culverts, commencing at the existing circulatory carriageway of the M25 Junction 28 roundabout and terminating at a point 1,180 metres north of the existing Brook Street Viaduct, as shown on sheets 1 and 3 of the works plans.

M25 GANTRIES AND SIGNAGE

In the London Borough of Havering

Work No. 9 — A new gantry, or similar signage, over the M25 carriageway, at a location situated 215 metres north of the existing Brook Street Viaduct of the M25 Junction 28 roundabout, as shown on sheet 1 of the works plans.

Work No. 10 — A new gantry, or similar signage, over the M25 carriageway, at a location situated 1,272 metres north of the existing Brook Street Viaduct as shown on sheet 3 of the works plans.

Work No. 11 — A new gantry, or similar signage, over the M25 carriageway, at a location situated 10 metres north of the Brook Street Viaduct, as shown on sheet 1 of the works plans.

HIGHWAY WORKS – M25 NORTHBOUND OFF-SLIP

In the London Borough of Havering and the Borough of Brentwood

Work No. 12 — Improvements to the existing M25 motorway northbound off-slip, along a length of 166 metres, commencing at a location situated 125 metres north of the Poplar Railway bridge and continuing north westwards until the existing circulatory carriageway of the M25 Junction 28 roundabout, as shown on sheet 1 of the works plans.

OTHER HIGHWAYS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS

In the London Borough of Havering

Work No. 13 — A new private means of access, 600 metres in length, commencing at Work No. 19B and continuing in a north westerly direction, along the outer alignment of Work No. 6 and terminating in a north-eastwards and, separately, north-westwards direction at a location south of Work No. 24A and west of the proposed Duck Wood bridge, as shown on sheet 1 of the works plans.

Work No. 14 — A new private means of access 519 metres in length, commencing at a point situated 100 metres north of the existing Grove Farm access, passing through the proposed Grove Farm Underpass (Work No. 6) and terminating 125 metres north of the aforementioned Underpass in a westwards and, separately, southwards direction, as shown on sheets 1 and 3 of the works plans. Work No. 14 includes a secondary section of private means of access, 30 metres in length and branching westwards from a location to the northwest of the proposed Grove Farm Underpass (Work No. 6) and terminating in a northwards and, separately, westwards direction as shown on sheet 1 of the works plans.

Work No. 15 — Alterations to the existing egress from Grove Farm, 87 metres in length, commencing at a point situated to the north west of the existing Grove Farm residential property and terminating at Work No. 2, as shown on sheet 1 of the works plans.

Work No. 16 — Alterations to the existing access and egress serving land situated to the immediate north of the A12, commencing at a new junction with the new private means of access (Work No. 19A), at a point situated 42 metres from the junction of the aforementioned new private means of access and the A12, and continuing northwards for a distance of 35 metres in length as shown on sheet 1 of the works plans.

EARTH WORKS

In the London Borough of Havering

Work No. 17 —Not used

Work No. 18 —Construction of an environmental bund over an area of land 25,565 square metres in area, situated alongside the new loop road (Work No. 6) and to the north of Work No. 19B as shown on sheet 1 of the works plans.

DRAINAGE WORKS

In the London Borough of Havering

Work No. 19A — A new private means of access, 290 metres in length, commencing at a new junction with the A12 eastbound carriageway situated at a location lying 50 metres to the east of the existing access to Maylands Golf Course and terminating at Work No. 19B, as shown on sheet 1 of the works plans.

Work No. 19B — A new attenuation pond, together with associated private means of access and drainage facilities, 2,600 square metres in area, and situated at a location to the north of Work No. 2 and west of Work No. 6, as shown on sheet 1 of the works plans.

Work No. 20A — A new private means of access, 65 metres in length, commencing at a location situated 110 metres south west of Duck Wood bridge and terminating at Work No. 20B, as shown on sheet 1 of the works plans.

Work No. 20B — A new attenuation pond, together with associated private means of access and drainage facilities, 7,000 square metres in area, and situated at a location to the west of the Weald Brook, as shown on sheet 1 of the works plans.

Work No. 21A — A new private means of access, 40 metres in length, commencing at a location situated 30 metres south of Grove Farm Underpass and terminating at Work No. 20B as shown on sheet 1 of the works plans.

Work No. 21B — A new attenuation pond, together with associated private means of access and drainage facilities, 4,200 square metres in area, and situated at a location to the north east of the Weald Brook, as shown on sheet 1 of the works plans.

Work No. 22 — A new drainage outfall pipe, 50 metres in length, between Work No. 21B and Weald Brook, as shown on sheet 1 of the works plans.

REALIGNMENT OF WATERCOURSES

In the London Borough of Havering

Work No. 23A — Realignment of a stretch of the Weald Brook, along a length of85 metres, commencing at a location situated to the immediate east of Work No. 20B as shown on sheet 1 of the works plans.

Work No. 23B — Realignment of a stretch of the Weald Brook, along a length of 250 metres, commencing at a location situated within the proposed loop road (Work No. 6), and passing beneath Work No. 2 at the location of the proposed new Maylands bridge and beneath Work No. 6 at the location of the proposed Grove bridge, as shown on sheet 1 of the works plans.

Work No. 23C — Realignment of a stretch of the Weald Brook, along a length of 40 metres, at a location situated beneath Work No. 6 at the location of the proposed Duck Wood bridge, as shown on sheet 1 of the works plans.

Work No. 23D — Realignment of a stretch of the Ingrebourne River, along a length of 200 metres, commencing at a point situated north of the A12 (Work No. 1), beneath the proposed Grove bridge on Work No. 6, and terminating at the location of the Grove Culvert extension, proposed as part of Work No. 2, as shown on sheet 1 of the works plans.

ENVIRONMENTAL MITIGATION AND COMPENSATION

In the London Borough of Havering

Work No. 24A — A new flood compensation area, 2,100 square metres in area, and situated to the immediate northwest of Work No. 6, as shown on sheets 1 and 3 of the works plans.

Work No. 24B — A new flood compensation area, 7,800 square metres in area, and situated within the proposed loop road (Work No. 6), to the west of the realigned Weald Brook (Works Nos. 23A and 23B), as shown on sheet 1 of the works plans.

Work No. 25 — Environmental works, including the construction of ecological compensation areas, 90,000 square metres in area, on land situated to the west and northwest of Work No. 6, as shown respectively on sheets 1 and 3 of the works plans.

Work No. 26 — A new ecological mitigation area, 3,500 square metres in area, on land situated between Work No. 2 and Work No. 6, as shown on sheet 1 of the works plans.

Work No. 27— A new pond, for environmental mitigation purposes, 500 square metres in area, and situated at a location to the north of Work No. 28 as shown on sheet 3 of the works plans.

Work No. 28— A new pond, for environmental mitigation purposes, 500 square metres in area, and situated at a location to the south of Work No. 27 and west of Work No. 24A as shown on sheet 3 of the works plans.

UTILITIES

In the London Borough of Havering

Work No. 29 — Diversion of an existing underground Cadent high pressure (33bar) gas pipeline, through installation of a new underground high pressure (33bar) gas pipeline, 860 metres in length, commencing at a point situated west of Weald Brook and south of the A12 (Work No. 1) and terminating north of Work No. 24A as shown on sheets 1 and 3 of the works plans.

Work No. 30 — Diversion underground of an existing UKPN 11 kV overhead electric line, 890 metres in length, commencing at a point situated at the existing UKPN sub-station north of the existing Grove Farm access as shown on sheet 1 of the works plans and terminating adjacent to the southern proposed culvert extension to the west of the M25 northbound carriageway as shown on sheet 3 of the works plans.

Work No. 31 — Works associated with the provision of ducting and cabling between the proposed new gantry (Work No. 10) and the existing motorway communications cabinet on the M25 northbound, situated at a location 825 metres northwards of the existing M25 Northbound on-slip at M25 Junction 28, as shown on sheet 3 of the works plans.

ACCOMMODATION WORKS

Work No. 32 — Accommodation works to provide replacement facilities for Maylands Golf Course, over an area of land 54,578 square metres in area and situated at a location to the west of Work No. 29 as shown on sheets 1 and 3 of the works plans.

In connection with the construction of any of the works mentioned above, such ancillary development within the Order limits which does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, consisting of—

• (a) alteration of the layout of any street permanently or temporarily, including but not limited to increasing or reducing the width of the carriageway of any street by increasing or reducing the width of any kerb, footway, cycle track or verge within the street; and altering the level of any such kerb, footway, cycle track, or verge within the street;

• (b) works required for the strengthening, improvement, protection, repair, maintenance or reconstruction of any street;

• (c) works for the strengthening, alteration or demolition of any existing bridge, building or structure;

• (d) the remediation of any carriageway made redundant by the stopping up of any highway or means of access;

• (e) ramps, means of access (including private means of access), footpaths, footways, cycle tracks, non-motorised links and crossing facilities;

• (f) embankments, cuttings, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, barriers (including road restraint, safety barriers), parapets, wing walls, new and replacement highway lighting, roadside signage, fencing and drainage works (including carrier drains, filter drains, outfalls, pumping stations, culverts headwalls, ditches, attenuation earthwork ditches, soakaways, pollution control devices, and catch pits);

• (g) the erection of highway boundary fencing, including gates, anti-dazzle fencing and the realignment of existing highway fencing;

• (h) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street;

• (i) works to place, alter, divert, relocate, remove or maintain street furniture, apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, hydrants, cables, ducts and associated cabinets, CCTV, radar and traffic detection equipment and lights;

• (j) works to alter the course of, or otherwise interfere with a watercourse;

• (k) landscaping, noise barriers, works associated with the provision of ecological mitigation, and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

• (l) works for the benefit or protection of land affected by the authorised development;

• (m) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths), earthworks (including soil stripping and storage and site levelling) and remediation of any contamination;

• (n) the felling of trees and hedgerows;

• (o) the establishment of construction compounds and working sites, storage areas, temporary vehicle parking, construction fencing, hoarding and perimeter enclosure, security fencing, construction-related buildings, welfare facilities, temporary worker accommodation facilities for vehicle recovery crew, vehicle recovery, construction lighting, haulage roads; borrow pits and other buildings, machinery, apparatus, works and conveniences;

• (p) the provision of other works including pavement works, carriageway surfacing, kerbing and paved areas works, signing, signals, the modification or demolition of existing gantries, new and replacement highway safety barriers, road markings, traffic management measures including temporary roads, temporary earthworks and construction site accesses and such other works as are associated with the construction of the authorised development; and

• (q) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “completed” in relation to a relevant part of the authorised development means the relevant part of the authorised development is completed and fully open to traffic and “completion” is to be construed accordingly;

• “contaminated land” has the same meaning as in section 78A (preliminary) of the Environmental Protection Act 1990¹⁰³;

• “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017¹⁰⁴;

• “Ground Investigation Report” means the document of that description certified by the Secretary of State as the Ground Investigation Report for the purposes of this Order;

• “HEMP” means the Handover Environmental Management Plan;

• “LEMP” means the Landscape and Ecology Management and Monitoring Plan;

• “Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

• “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981¹⁰⁵;

• “Outline Arboricultural Method Statement” means the document of that description certified by the Secretary of State as the Outline Arboricultural Method Statement for the purposes of this Order;

• “Outline CEMP” means the document of that description certified by the Secretary of State as the Outline Construction Environmental Management Plan for the purposes of this Order;

• “Outline Archaeological Management Plan” means the document of that description certified by the Secretary of State as the Outline Archaeological Management Plan for the purposes of this Order;

• “Outline LEMP” means the document of that description certified by the Secretary of State as the Outline Landscape and Ecology Management and Monitoring Plan for the purposes of this Order;

• “Outline Traffic Management Plan” means the document of that description certified by the Secretary of State as the Outline Traffic Management Plan for the purposes of this Order;

• “Preliminary Environmental Design” means the document of that description comprised within Figure 2.2 of the Environmental Statement; and

• “REAC” means the document of that description certified by the Secretary of State as the Register of Environmental Actions and Commitments for the purposes of this Order.

Time limits

2

The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed design

3

• (1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the engineering drawings and sections and the report mentioned in sub-paragraph (3), unless otherwise agreed in writing by the Secretary of State, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design (arising from the report or otherwise) would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available online for inspection by members of the public.

• (3) The report mentioned in sub-paragraph (1), is a report to be prepared by the undertaker of its findings following a review of the design of the bridges and any significant structures of the authorised development; the review to be carried out in consultation with the relevant planning authority and the relevant highway authority.

Construction Environmental Management Plan

4

• (1) No part of the authorised development is to commence until a CEMP, in accordance with the Outline CEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, relevant highway authority and the Environment Agency to the extent that it relates to matters relevant to its functions.

• (2) The CEMP must be written in accordance with ISO14001 and, so far as is relevant to that part of the authorised development, must be in accordance with the relevant mitigation measures set out in the REAC, and must include the following management plans—

• (a) pollution prevention plan;

• (b) dust noise and nuisance management plan;

• (c) ecological habitats and species plan;

• (d) invasive species management plan;

• (e) surface water management plan;

• (f) contaminated land management plan;

• (g) soil handling management plan;

• (h) material management plan;

• (i) site waste management plan;

• (j) material, waste storage and refuelling plan;

• (k) energy and resource use management plan;

• (l) emergency response plan; and

• (m) community engagement plan.

• (3) The construction of the authorised development must be carried out in accordance with the approved CEMP.

• (4) A HEMP must be developed and completed by the end of the construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved CEMP.

• (5) The authorised development must be operated and maintained in accordance with the HEMP.

Landscaping

5

• (1) The authorised development must be landscaped in accordance with a landscaping scheme and LEMP which set out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, relevant highway authority and the Environment Agency on matters related to its functions.

• (2) The landscaping scheme and LEMP must be in accordance with the relevant mitigation measures set out in the REAC and with the Preliminary Environmental Design and the Outline LEMP.

• (3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

• (a) location, number, species mix, size and planting density of any proposed planting;

• (b) cultivation, importing of materials and other operations to ensure plant establishment;

• (c) existing trees to be retained, with measures for their protection during the construction period;

• (d) proposed finished ground levels;

• (e) implementation timetables for all landscaping works; and

• (f) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged.

• (4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards and other recognised codes of good practice.

Contaminated land and groundwater

6

• (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement or in the Ground Investigation Report, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority, relevant highway authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

• (2) Where the undertaker determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its function and the Environment Agency.

• (3) Remediation must be carried out in accordance with the approved scheme.

Protected species

7

• (1) No part of the authorised development is to commence until for that part, final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

• (2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

• (a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

• (b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

• (c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

• (3) The undertaker must consult with Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

• (4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation by the undertaker with Natural England, and under any necessary licences.

Surface and foul water drainage

8

• (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, in accordance with the relevant mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and relevant highway authority on matters related to its function.

• (2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority on matters related to its function, and provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Archaeological remains

9

• (1) No part of the authorised development is to commence until an archaeological management plan has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority to the extent that it relates to matters relevant to its functions.

• (2) The archaeological management plan must be in accordance with the Outline Archaeological Management Plan and reflect the relevant mitigation measures set out in the REAC.

• (3) The authorised development must be carried out in accordance with the approved archaeological management plan referred to in sub-paragraph (1).

Traffic management

10

• (1) No part of the authorised development comprising the construction, alteration or improvement of the M25 or A12 is to commence until a traffic management plan for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant highway authority on matters related to its function.

• (2) The traffic management plan prepared under sub-paragraph (1) must be in accordance with the Outline Traffic Management Plan and the relevant mitigation measures set out in the REAC.

• (3) The authorised development must be constructed in accordance with the traffic management plan referred to in sub-paragraph (1).

Trees

11

• (1) No part of the authorised development is to commence until an arboricultural method statement has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority to the extent that it relates to matters relevant to its functions.

• (2) The arboricultural method statement must be in accordance with the Outline Arboricultural Method Statement and the relevant mitigation measures set out in the REAC.

• (3) The authorised development must be carried out in accordance with the approved arboricultural method statement referred to in sub-paragraph (1).

Approvals and amendments to approved details

12