The Cory Decarbonisation Project Order 2025

Within seven days of the completion of the commissioning of Work No. 1, the undertaker must provide the relevant planning authority, the PLA and the Environment Agency with notice of the date of final commissioning.

Code of construction practice

7

• (1) No part of the authorised development may commence until a code of construction practice for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the WRWA and, where the code of construction practice submitted relates to construction activities in the river Thames, emergency planning or opportunities to use the river Thames to transport equipment or materials during construction, the PLA. The code of construction practice submitted for approval must be substantially in accordance with the outline code of construction practice to the extent that it is applicable to that part and must be accompanied by, or include, the following—

• (a) construction lighting measures;

• (b) a community engagement plan;

• (c) a biosecurity management plan;

• (d) a community engagement plan;

• (e) a dust management plan;

• (f) a materials management plan;

• (g) a pollution prevention plan;

• (h) a site waste management plan (to be substantially in accordance with the outline site waste management plan); and

• (i) a surface water management plan.

• (2) The documents listed in sub-paragraph (1) must include the measures required to be contained within them set out in the outline code of construction practice.

• (3) The construction of each part of the authorised development must be undertaken in accordance with the approved code of construction practice for that part.

Construction Hours

8

• (1) The construction of the authorised development must not take place on Sundays, bank holidays nor otherwise outside the hours of—

• (a) 0700 to 1900 hours on Monday to Friday; and

• (b) 0700 to 1300 hours on a Saturday.

• (2) The restrictions in sub-paragraph (1) do not apply to construction works for the authorised development where these—

• (a) are carried out within existing buildings or buildings constructed as part of the authorised development;

• (b) are carried out with the prior approval of the relevant planning authority;

• (c) are associated with an emergency; or

• (d) are associated with slip form working.

• (3) In this requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individual classes or generally as the case may be) of taking that action.

Construction traffic management plan

9

• (1) No part of the authorised development may commence until a construction traffic management plan (which must be substantially in accordance with the framework construction traffic management plan) for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the relevant highways authority, Dartford Borough Council, Kent County Council, National Highways and WRWA.

• (2) Any construction traffic management plan submitted under sub-paragraph (1) must include a construction worker travel plan (which must be substantially in accordance with the construction worker management measures included in the framework construction traffic management plan).

• (3) The construction of each part of the authorised development must be undertaken in accordance with the approved construction traffic management plan for that part.

Emergency preparedness and response plan

10

• (1) Work Nos. 1 and 4 must not be fully commissioned until an emergency preparedness and response plan has been submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency, lead local flood authority, the London Fire Brigade and, in respect of Work No. 4 only, the PLA.

• (2) For the purposes of sub-paragraph (1), the undertaker may submit one emergency preparedness and response plan for both Work Nos. 1 and 4 or one for each of Work No. 1 and Work No. 4.

• (3) The emergency preparedness and response plan or plans submitted under sub-paragraphs (1) and (2) must be substantially in accordance with the outline emergency preparedness and response plan.

• (4) The emergency preparedness and response plan must be implemented as approved under sub-paragraph (1) and maintained throughout the operation of the relevant part of Work Nos. 1 or 4 to which the plan or plans relate.

Lighting strategy

11

• (1) No part of the authorised development may commence until a lighting strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the PLA.

• (2) The lighting strategy must be substantially in accordance with the outline lighting strategy.

• (3) Any lighting strategy approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates.

Landscape, biodiversity, access and recreation delivery strategy

12

• (1) No part of the authorised development may commence until a written landscape, biodiversity, access and recreation delivery strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with TWUL.

• (2) The landscape, biodiversity, access and recreation delivery strategy submitted for approval must be substantially in accordance with the outline landscape, biodiversity, access and recreation delivery strategy.

• (3) The landscape, biodiversity, access and recreation delivery strategy must include details of all proposed hard and soft landscaping works and ecological mitigation and enhancement measures (as applicable for the relevant numbered work) for that part and where applicable include for that part—

• (a) the location, number, species, size and planting density of any proposed planting including the proposed times of such planting;

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

• (c) existing trees to be retained;

• (d) an implementation timetable;

• (e) how the plan proposals for that part will, with the exception of the intertidal environment, contribute to the achievement of a minimum of 10% biodiversity net gain in area habitat units, and a minimum of 10% biodiversity net gain in watercourse units for all of the authorised development for thirty years from the date of commissioning of the authorised development and the metric that has been used to calculate that those percentages will be reached;

• (f) how the landscaping and ecological measures proposed in the plan will be managed and maintained during the operational life of the authorised development to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 23 (decommissioning environmental management plan);

• (g) the flora, fauna and habitat surveys required to be carried out prior to commencement of a numbered work, or following completion of a numbered work in order to monitor the effect of, or inform, the mitigation, management and monitoring measures to be taken forward following those initial surveys;

• (h) the proposals for the establishment of compensatory open mosaic habitat;

• (i) the final routing, specification and maintenance regime for permissive paths and the public rights of way referred to in article 15(1) and article 15(3);

• (j) provision for graziers, including details of accesses and access routes (including their surfacing);

• (k) the final routing, specification and maintenance regime for the diversion and improvement of existing watercourses and the creation of new watercourses;

• (l) a statement to confirm both how the design principles and design code have been complied with, and how the advice and recommendations of an independent design review process have been taken into account, in the details that have been submitted; and

• (m) the undertaker’s proposals for a management plan for the crossness local nature reserve as extended.

• (4) The landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) is not required to set out proposals for the intertidal environment.

• (5) Any landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) must be accompanied by—

• (a) a report setting out—

• (i) the engagement activities that the undertaker has undertaken to inform the development of the landscape, biodiversity, access and recreation delivery strategy which must be in accordance with the engagement commitments set out in the outline landscape, biodiversity, access and recreation delivery strategy unless otherwise agreed by the relevant planning authority; and

• (ii) how the undertaker has had regard to the feedback received during that engagement in the landscape, biodiversity, access and recreation delivery strategy that is submitted for approval;

• (b) copies of any legal agreements with any offsite provider which demonstrate that the delivery of the offsite works which form part of the landscape, biodiversity, access and recreation delivery strategy submitted for approval, and the maintenance of the offsite works for a period of thirty years from the date of the final commissioning of the authorised development, is secured;

• (c) relevant information setting out the steps (being reasonable steps) that the undertaker has undertaken to secure delivery of the BNG Opportunity Area as the preferred location for offsite works and either—

• (i) provide confirmation that the BNG Opportunity Area has been secured as the location for offsite works; or

• (ii) where the BNG Opportunity Area has not been able to be secured as the location for offsite works, provide full details of a proposed alternative location for offsite works; and

• (d) relevant information setting out the steps that the undertaker has taken (being reasonable steps) to secure delivery of land to be designated as a non-statutory site of importance for nature conservation as compensation for the area of such designated land lost as a result of the proposed development, and either—

• (i) provide confirmation that the BNG Opportunity Area has been secured as the location for this compensation; or

• (ii) where the BNG Opportunity Area has not been able to be secured as the location for this compensation, provide full details of any proposed alternative location for this compensation.

• (6) Any landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) which includes activities to be carried out on land owned by Thames Water Utilities Limited must be accompanied by a planning obligation securing the delivery of the management and maintenance of ecological measures on that land from the date that decommissioning of Work No. 1 completes until 31 December 2093.

• (7) The landscape, biodiversity, access and recreation delivery strategy submitted for approval may include measures or mechanisms for the creation, improvement or management of habitats outside of the Order limits, or the payment of credits.

• (8) Any hedgerow, shrub or tree planted as part of the approved strategy that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority (as applicable), seriously damaged or diseased, must be replaced in the first available planting seasons with a specimen of the same species and size as that originally planted.

• (9) Any landscape, biodiversity, access and recreation delivery strategy approved under sub-paragraph (1) must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates.

• (10) In this paragraph—

• (a) “offsite works” means any works that are required to deliver the outcomes set out in sub-paragraphs (3)(e) and 3(h) as part of the landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) that are to take place outside of the Order limits; and

• (b) “BNG Opportunity Area” means the area labelled as such on figure 7-7 of the environmental statement.

Surface and foul water drainage

13

• (1) No part of the authorised development may commence until written details of the surface and foul water drainage strategy for that part have been submitted to and approved by the relevant planning authority in writing, in consultation with the lead local flood authority.

• (2) The written details submitted for approval must be substantially in accordance with the outline drainage strategy and must be consistent with the proposals submitted for approval under requirement 12 (landscape, biodiversity, access and recreation delivery strategy).

• (3) Any surface and foul water drainage strategy approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates.

Operational environmental management plan

14

• (1) No part of Work No. 1 may be fully commissioned until a written operational environmental management plan for that part has been submitted to and approved by the relevant planning authority in writing.

• (2) The operational environmental management plan must include details of proposed operational maintenance procedures, security arrangements and the following items set out in the mitigation schedule—

• (a) paragraphs (c), (e) and the matters listed under additional mitigation of item 1.12;

• (b) items 3.17 (b) and (e);

• (c) item 4.19 (f);

• (d) the first paragraph of item 7.9;

• (e) item 12.3; and

• (f) item 14.8.

• (3) Any operational environmental management plan approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of Work No. 1 to which the plan relates.

Skills and employment plan

15

• (1) No part of Work No. 1 may commence until a skills and employment plan has been submitted to and approved by the relevant planning authority in writing.

• (2) The skills and employment plan must be substantially in accordance with the outline skills and employment plan.

• (3) The skills and employment plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Jetty works environmental design scheme

16

• (1) Work No. 4 must not commence until a jetty works environmental design scheme has been to submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency and the PLA.

• (2) The jetty works environmental design scheme to be submitted under sub-paragraph (1) shall include a statement to confirm how the advice and recommendations of an independent design review process has been taken into account in the details that have been submitted.

• (3) In approving a jetty works environmental design scheme submitted under sub-paragraph (1)—

• (a) if a submitted jetty works environmental design scheme proposes not to remove the Belvedere Power Station jetty, the relevant planning authority must not require the undertaker to remove it; or

• (b) if a submitted jetty works environmental design scheme proposes to remove the Belvedere Power Station jetty, the relevant planning authority must not require the undertaker to retain it.

• (4) The relevant planning authority must not refuse an application for approval of a jetty works environmental design because it disagrees with the undertaker’s choice as to whether or not to remove the Belvedere Power Station jetty.

• (5) The undertaker must carry out and maintain Work No. 4 in accordance with the approved jetty works environmental design scheme.

River wall

17

• (1) Subject to sub-paragraph (4), no part of Work No. 4 may commence until a river wall condition survey on those parts of the river wall within the order limits has been submitted to and approved by the Environment Agency in writing, in consultation with the relevant planning authority.

• (2) The river wall condition survey submitted pursuant to sub-paragraph (1) must, where appropriate, identify any remedial works required to bring the tidal flood defence up to a good standard considering a design life of 100 years.

• (3) The remedial works required to bring the defence up to a good standard identified pursuant to sub-paragraph (2) must be carried out within two years of the date that the condition survey is approved under sub-paragraph (1), or such other time period as is agreed by the Environment Agency.

• (4) No river wall condition survey is required to be undertaken under sub-paragraph (1) to the extent that any parts of the river wall have already been assessed as part of any survey undertaken pursuant to requirement 20 (river wall) in Schedule 2 (requirements) to the REP Order.

Flood risk mitigation

18

• (1) The authorised development must be carried out and operated in accordance with paragraphs 8.3.20 to 8.3.33 and 8.6.9 of the flood risk assessment.

• (2) No later than 45 years following the date of final commissioning, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue past the 50th anniversary of the date of final commissioning.

• (3) If a notification under sub-paragraph (2) indicates that the undertaker anticipates that the operation of Work No. 1 will continue past the 50th anniversary date of final commissioning, it must, unless otherwise agreed by the Environment Agency, submit for written approval to the Environment Agency—

• (a) an updated flood risk assessment of the flood risk arising from the continued operation of Work No. 1 past the 50th anniversary of the date of final commissioning;

• (b) the details of any mitigation or compensation measures that the flood risk assessment under sub-paragraph (a) suggests are necessary;

• (c) the implementation timetable (including identifying the need for (but not requiring a specific programme for the obtaining of) any consents) for any measures identified under sub-paragraph (b); and

• (d) retention proposals for any measures identified under sub-paragraph (b).

• (4) The undertaker must share the details approved by the Environment Agency under sub-paragraph (3) with the relevant planning authority within 5 days of such approval being given.

• (5) The undertaker must implement the measures approved under sub-paragraph (3)(b) in accordance with the implementation timetable approved under sub-paragraph (3)(c) no later than the 50th anniversary of the date of final commissioning of Work No. 1 or such other time period as is agreed with the Environment Agency and must retain them for the lifetime of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (3)(d).

• (6) The undertaker must not continue operation of Work No. 1 beyond the 50th anniversary of the date of final commissioning unless the Environment Agency has given its approval under sub-paragraph (3) and the undertaker has complied with sub-paragraph (4), unless otherwise agreed in writing by the Environment Agency.

Navigation risk assessment

19

• (1) Prior to commencement of construction of Work No. 4, the undertaker must update the preliminary navigation risk assessment to take account of the detailed design and construction methodology of Work No. 4 and submit the updated navigation risk assessment to the PLA for its written approval, which must not be unreasonably withheld or delayed.

• (2) The construction and operation of the authorised development must be carried out in accordance with the updated navigation risk assessment approved under sub-paragraph (1).

Control of noise during operation

20

• (1) Prior to commissioning of any part of Work No. 1, a written noise mitigation plan must be submitted to and approved by the relevant planning authority in writing which demonstrates how the maximum permitted limit set out in columns (2) and (3) of the below table will be achieved at the locations set out in column (1) of the below table, during operation of Work No. 1.

(1) Location	(2) Day-time Operational Noise Limit LAr, Tr dB	(3) Night-time Operational Noise Limit LAr, Tr dB
Clydesdale Way	54	49
Travelodge London Belvedere Hotel	54	49

• (2) The undertaker must operate the authorised development in accordance with the approved noise mitigation plan, except—

• (a) in the case of an emergency (as defined in the noise mitigation plan); or

• (b) with the prior approval of the relevant planning authority.

• (3) Where the level of noise at a monitoring location exceeds the maximum permitted level specified for that location in sub-paragraph (1) because of an emergency—

• (a) the undertaker must, as soon as possible and in any event within two business days of the beginning of the emergency, submit to the relevant planning authority a statement detailing—

• (i) the nature of the emergency;

• (ii) why it is necessary for the level of noise to have exceeded the maximum permitted level; and

• (b) if the undertaker expects the emergency to last for more than 24 hours, it must inform local residents and businesses affected by the level of noise at that location of—

• (i) the reasons for the emergency; and

• (ii) how long it expects the emergency to last.

Ground conditions investigations and assessments strategy

21

• (1) No part of the authorised development may commence until a ground conditions investigations and assessments strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency, the WRWA, and where the ground conditions investigations and assessments strategy submitted covers investigations and assessments to be carried out in the river Thames, the PLA. Such a strategy shall include a specific remediation strategy, if necessary.

• (2) Each part of the authorised development must be carried out in accordance with the approved ground conditions investigations and assessments strategy for that part.

• (3) For the purposes of this paragraph, “commence” includes investigations for the purpose of assessing ground conditions (including the making of trial boreholes) and archaeological surveys and investigations.

Archaeological mitigation strategy

22

• (1) No part of the authorised development may commence until an archaeological mitigation strategy, including any required written scheme of archaeological investigation (or multiple written schemes of archaeological investigation) for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the PLA and the MMO.

• (2) Any archaeological mitigation strategy submitted under sub-paragraph (1), to the extent that it is applicable to that part of the authorised development, must include the following—

• (a) details of any proposed archaeological surveys of the river bed and foreshore, intertidal environment and marine environment;

• (b) details of any updated geoarchaeological deposit model;

• (c) should the authorised development include proposals to alter or demolish, in full or in part, the Belvedere Power Station jetty, details of the building recording of the belvedere power station jetty; and

• (d) proposals for how any further mitigation required as a result of the survey work undertaken will be taken forward in a written scheme of investigation or multiple written schemes of investigation.

• (3) No demolition or modification of the Belvedere Power Station jetty shall take place—

• (a) until a descriptive record specified and carried out to Level 2 as specified in Historic England guidance: Understanding Historic Buildings: A Guide to Good Recording Practice has been undertaken in accordance with that guidance and written confirmation provided to the relevant planning authority that is has been completed; and

• (b) unless within six months of the date of commencement of the demolition or alteration that completed record has been deposited with the Greater London Historic Environment Record and the Archaeology Data Service, and written confirmation of the deposit has been provided to the relevant planning authority.

• (4) For the purposes of this paragraph, “commence” includes archaeological surveys and investigations.

Decommissioning environmental management plan

23

• (1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its written approval, after consultation with the Environment Agency and if the decommissioning environmental management plan to be submitted relates to decommissioning works within the river Thames, the PLA and the MMO, a decommissioning environmental management plan for that part.

• (2) Decommissioning works must not be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works.

• (3) The plan submitted and approved must—

• (a) include details of—

• (i) the buildings to be demolished;

• (ii) the means of removal of the materials resulting from the decommissioning works;

• (iii) the phasing of the demolition and removal works;

• (iv) any restoration works (including the proposed finished levels of the land following those works and any proposals for the restoration of habitats and watercourses lost as a result of the construction of the authorised development) to restore the land within the limits of deviation of Work No. 1 to a condition (including ecological outcomes which must include that the land could be designated as a non-statutory site of importance for nature conservation and local nature reserve, or equivalent designations as exists at the time of decommissioning) agreed with the relevant planning authority;

• (v) the phasing of any restoration works; and

• (vi) a timetable for the implementation of the plan; and

• (b) be accompanied by, or include, a site waste management plan which demonstrates how the waste hierarchy will be followed in respect of the decommissioning works.

• (4) The plan must be implemented as approved for the duration of the decommissioning of the authorised development.

• (5) The date that the undertaker decides to decommission any part of the authorised development must be notified to the relevant planning authority no later than one month following that decision being made.

Decommissioning traffic management plan

24

• (1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its written approval, after consultation with the relevant highway authority and National Highways, a decommissioning traffic management plan for that part.

• (2) No decommissioning works must be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works.

• (3) The plan submitted and approved must include details of—

• (a) route diversions; and

• (b) routing of abnormal loads and HGVs.

• (4) The plan must be implemented as approved for the duration of the decommissioning of the authorised development.

• (5) The date that the undertaker decides to decommission any part of the authorised development must be notified to the relevant planning authority no later than one month following that decision being made.

Heat Strategy

25

• (1) No part of the authorised development may be commenced until the undertaker has submitted a heat strategy to the relevant planning authority for its written approval.

• (2) The heat strategy submitted under sub-paragraph (1) must—

• (a) provide an explanation of how the heat to be produced as a result of the authorised development, Riverside 1 and Riverside 2 could be captured and exported off-site;

• (b) set out the appropriate infrastructure that could be brought forward within the Order limits to enable the capture and export of heat from the site;

• (c) identify potential connection points for export of heat produced as a result of the authorised development, Riverside 1 and Riverside 2; and

• (d) provide an update on discussions with potential heat network providers.

• (3) The heat strategy submitted, and the relevant planning authority approval under sub-paragraph (1) must not require the undertaker to repeat actions already undertaken pursuant to—

• (a) requirement 24 (combined heat and power) of the REP Order;

• (b) any document produced pursuant to requirement 24 of the REP Order;

• (c) condition 31 of planning permission 16/02167/FUL relating to Riverside 1 issued by the London Borough of Bexley;

• (d) condition 31 of the consent issued under section 36C of the Electricity Act 1989 in respect of Riverside 1 dated 17 December 2021;

• (e) any condition of planning permission 22/00728/FUL issued by the London Borough of Bexley; and

• (f) any document produced pursuant to the requirements and conditions referred to in sub-paragraphs (a) to (e).

• (4) The heat strategy must be implemented as approved and such implementation does not constitute a breach of the documents, conditions and requirements referred to in sub-paragraphs (3)(a) to (3)(f).

SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED

1

The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development—

• (a) Dagenham (Thames) Dock Act 1855[^f00065];

• (b) Dagenham (Thames) Dock Act 1866[^f00066];

• (c) Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879[^f00067];

• (d) Thames Deep Water Dock Act 1881[^f00068];

• (e) Thames Deep Water Dock Act 1891[^f00069];

• (f) Thames Deep Water Dock Act 1901[^f00070];

• (g) London County Council (General Powers) Act 1957[^f00071];

• (h) London County Council (General Powers) Act 1961[^f00072];

• (i) London County Council (General Powers) Act 1962[^f00073];

• (j) General London Council (General Powers) Act 1970[^f00074];

• (k) Thames Barrier and Flood Prevention Act 1972[^f00075];

• (l) General London Council (General Powers) Act 1986[^f00076];

• (m) Thames Water Authority Land Drainage Byelaws 1981; and

• (n) Section 6 of the London Local Authorities and Transport for London Act 2013[^f00077].

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

Interpretation

1

In this Schedule—

• “utility works” means works to install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain underground electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures. (1) Area (2) Streets subject to street works (3) Description of the street works London Borough of BexleyNorman RoadUtility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point E to point L.London Borough of BexleyNorman RoadUtility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point L to point O.London Borough of BexleyNorman RoadUtility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point L to point P.London Borough of BexleyA2016 Picardy ManorwayUtility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point O to point N.London Borough of BexleyA2016 Picardy ManorwayUtility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point P to point Q.

SCHEDULE 5 — STREETS SUBJECT TO PERMANENT OR TEMPORARY ALTERATION OF LAYOUT

PART 1 — PERMANENT OR TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
London Borough of Bexley	Norman Road	Works for the provision of one or multiple means of access to the authorised development at any location on the street between points E to K shown on the access and rights of way plan.

PART 2 — PERMANENT OR TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
London Borough of Bexley	Norman Road	Works for the provision of one or multiple means of access to the authorised development at any location on the street between points K to O shown on the access and rights of way plan.

SCHEDULE 6 — PERMANENT STOPPING UP OF STREET AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW STREET AND PRIVATE MEANS OF ACCESS

PART 1 — STREET TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
London Borough of Bexley	Thames Water Access Road	The street shown by a blue and black line on the access and rights of way plan, from point H to point I.	To be substituted by a length of street to be provided to commence at point H and terminate at a junction with Norman Road at any location between points G and J on the access and rights of way plan.

PART 2 — PRIVATE MEANS OF ACCESS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted
London Borough of Bexley	Thames Water Access Road	The private means of access from Norman Road shown at point I on the access and rights of way plan.	To be substituted by a new private means of access to be provided at a location on Norman Road between points G and J on the access and rights of way plan.

SCHEDULE 7 — TEMPORARY ALTERATION, PROHIBITION, DIVERSION OR RESTRICTION OF THE USE OF STREETS AND PUBLIC RIGHTS OF WAY AND AUTHORISING VEHICULAR USE ON PUBLIC RIGHTS OF WAY

PART 1 — TEMPORARY ALTERATION, PROHIBITION, DIVERSION OR RESTRICTION OF THE USE OF STREETS AND PUBLIC RIGHTS OF WAY

(1) Area	(2) Street or public right of way subject to temporary prohibition or restriction of use	(3) Extent of temporary alteration, prohibition, diversion or restriction of use of streets
London Borough of Bexley	Footpath 2	Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked R and H and between the points H and L on the access and rights of way plan shown with a purple dashed line.
London Borough of Bexley	Footpath 3	Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked A and T on the access and rights of way plan shown with an orange dashed line.
London Borough of Bexley	Footpath 4	Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked C and F on the access and rights of way plan shown with a green dashed line.
London Borough of Bexley	Thames Water Access Road	Street to be temporarily altered, restricted, diverted or use prohibited between the points marked H and I on the access and rights of way plan shown with a blue and black dashed line.

PART 2 — AUTHORISING TEMPORARY USE OF VEHICULAR USE ON PUBLIC RIGHTS OF WAY

(1) Area	(2) Public right of way	(3) Measures
London Borough of Bexley	Footpath 1	Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked M and S on the access and rights of way plan shown with a yellow dashed line
London Borough of Bexley	Footpath 2	Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked R and H, between the points H and L and between the points marked R and S on the access and rights of way plan shown with a purple dashed line.
London Borough of Bexley	Footpath 3	Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked A and T on the access and rights of way plan shown with an orange dashed line.
London Borough of Bexley	Footpath 4	Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked C and F on the access and rights of way plan shown with a green dashed line.

SCHEDULE 8 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

• “access rights” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery) and remove means of access to the authorised development including visibility splays and to remove and traverse impediments to such access; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.

• “connection rights” means, right over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; connect the services, apparatus, equipment, buildings and structures set out in sub-paragraph (a) to existing services, apparatus, equipment, buildings and structures; modify existing buildings structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; and

• “LCO₂ pipework rights” means, right over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain LCO₂ pipework and associated works including supports, protection and safety measures and other apparatus and structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.

• “maintenance access rights” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights;

• “maintenance rights” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development, undertake construction, maintenance and decommissioning activities for Work No. 4, including laydown areas, compounds and welfare facilities and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights;

• “utilities rights” means - rights over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain underground electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. (1) Number of plot shown on the Land Plans (2) Purposes for which rights over land may be acquired and restrictive covenants imposed 1-002, 1-005, 1-007, 1-008, 1-023, 1-024, 1-030, 1-034, 1-040, 1-043, 1-048 Utilities rights and access rights1-028Maintenance access rights1-028aUtilities rights and maintenance access rights1-051, 1-052, 1-055, 1-056, 1-058, 1-062, 1-074, 1-086, 1-087Connection rights and LCO₂ pipework rights1-053Maintenance access rights1-054Connection rights1-054bAccess rights 1-059,1-060, 01-061, 1-063, 1-064, 1-065, 1-066, 1-067, 1-068, 1-069, 1-070, 1-071, 1-073, 1-075, 1-076, 1-077, 1-078, 1-079, 1-080, 1-081, 1-082, 1-084, 1-085, 1-088, 1-091 Connection rights1-083Maintenance access rights and maintenance rights1-089LCO₂ pipework rights

SCHEDULE 9 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to 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 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 Land Compensation Act 1973[^f00078] has effect subject to the modifications set out in sub-paragraph (2).

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

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

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

3

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

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

(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) (powers of entry) of the 1965 Act (as modified by paragraph 5(5) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) to the Cory Decarbonisation Project Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter–notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) to the Cory Decarbonisation Project Order 2025) 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

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 35 (modification of Part 1 of the 1965 Act) to the acquisition of land under article 28 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right under article 30 (compulsory acquisition of rights)—

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

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

5

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

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

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

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

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

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

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

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

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

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

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

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

• (5) Section 11 (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applied to compulsory acquisition under article 28 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

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

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 35(3) (modification of Part 1 of the 1965 Act) is also modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, or enforce the restriction imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A (counter–notice requiring purchase of land not in notice to treat) to the 1965 Act substitute—

SCHEDULE2A (1) (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 have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 34 (application of the 1981 Act) of the Cory Decarbonisation Project Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 31 (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025 which excludes the acquisition of subsoil or airspace only from this Schedule. (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 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 twenty-eight 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 authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority 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 2, 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 5, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 10 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot reference number shown on the land plans	(2) Purpose for which temporary possession may be taken
1-024a, 1-027, 1-072	Temporary use of land to undertake protective works if required as a result of the impacts of the authorised development
1-072a, 1-092, 1-094, 1-097, 1-098, 1-100b, 1-100c	Temporary use of land to undertake Work No. 4 and Work No. 6C
1-095, 1-104, 01-117, 1-119, 1-120, 02-006	Temporary use of land to undertake Work No. 4 including temporary moorings.
1-102, 1-108, 1-109, 1-112, 1-114, 01-115, 1-117a, 2-001, 2-002	Temporary use of land to undertake Work No. 4A
1-116, 1-121, 2-003, 2-005	Temporary use of land to provide working space to undertake Work No. 4

SCHEDULE 11 — DEEMED MARINE LICENCE

PART 1 — GENERAL

1

In this licence—

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

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

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

• “business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971[^f00079];

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

• “construction licensed activity” means any licensed activity which does not constitute maintenance activities or maintenance dredging;

• “condition” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2;

• “code of construction practice” means the document of that description approved under requirement 7 (code of construction practice) of the Order;

• “environmental statement” means the document of that description in Schedule 13 (documents and plans to be certified) to the Order, certified by the Secretary of State as the environmental statement for the purposes of the Order;

• “licensable area” means the grid coordinates within the UK Marine Area within which the undertaker may carry out a licensed activity, as set out in paragraph 3(3) of Part 1 of this Schedule and as shown on the works plans;

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

• “limits of deviation” has the same meaning as in the Order;

• “maintenance activities” means activities carried out by the undertaker pursuant to article 5 (maintenance of authorised development) of the Order;

• “maintenance dredging” means dredging carried out by the undertaker after the final construction licensed activity;

• “the MMO” means the Marine Management Organisation;

• “the Order” means the Cory Decarbonisation Project Order 2025;

• “percussive piling” means piling by sinking or driving a pile by direct or indirect hammering or other percussive means, including piling by the use of a drop hammer, diesel hammer, double acting hammer, single acting hammer internal drop hammer, pneumatic hammer, steam hammer or other percussive device, other than a device that is portable and designed for operation while held by hand without any other form of support;

• “the River” means so much of the river Thames and the Thames estuary, as is within the UK marine area;

• “seabed” means the ground under the sea;

• “the undertaker” means Cory Environmental Holdings Limited (company number 05360864) and any transferee pursuant to article 10 (consent to transfer benefit of the Order) of the Order;

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft of any other amphibious vehicle and any other thing constructed or adapted for movement through, in, or on or over water and which is at the time in, on or over water; and

• “the works plans” has the same meaning as in the Order.

Contacts

2

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

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

• (b) Marine Management Organisation, Muriel Matters House, Breeds Place, Hastings, Kent TN34 2EZ; Tel – 0208 026 9180; Email – hastings@marinemanagement.org.uk.

• (2) The contact details for the MMO Marine Pollution Response Team are—

• Tel (during office hours) – 0300 200 2024;

• Tel (outside office hours) – 07770 977 825 or 0345 051 8486;

• Email – dispersants@marinemanagement.org.uk,

or such replacement contact details notified to the undertaker in writing by the MMO.

• (3) Except where otherwise indicated or otherwise agreed in writing by the MMO, all applications or notifications required under this licence must be sent by the undertaker to the MMO using the MMO’s marine case management system.

Details of such licensed marine activities

3

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

• (a) form part of, or are related to, the authorised development, including works required pursuant to documents certified under Schedule 13 (documents and plans to be certified) or approved under Schedule 2; and

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

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

• (a) Work No. 4 of the Order;

• (b) works within the River to—

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

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

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

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

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

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

• (vii) provide lighting, signage and aids to navigation;

• (c) maintenance activities within the River;

• (d) maintenance dredging within the River; and

• (e) any other element of the authorised development as defined by article 2 (interpretation) of the Order.

• (3) The coordinates for the licensable area for the purposes of this paragraph 3 are specified in the table below.

ID number as shown on the works plans	Northing	Easting
P1	180739	549856
P2	180754	549737
P3	180837	549835
P4	180985	549804
P5	181045	549833
P6	180974	550085
P7	180877	550350
P8	180775	550324
P9	180734	550243
P10	180720	550057

PART 2 — CONDITIONS APPLYING TO LICENSABLE ACTIVITIES

Notifications regarding licensed activities

4

• (1) The undertaker must inform the MMO in writing—

• (a) at least 5 business days prior to the commencement of the first construction licensed activity;

• (b) within 5 business days following the completion of the final construction licensed activity, of the completion;

• (c) at least 5 business days prior to the commencement of a maintenance activity or maintenance dredging; and

• (d) within 5 business days following the completion of the maintenance activity or maintenance dredging.

5

• (1) The undertaker must provide the following information to the MMO—

• (a) the name and function of any agent or contractor appointed to engage in any licensed activity within seven days of appointment; and

• (b) details of any vessel being used to carry on any licensed activity listed on behalf of the undertaker, together with details of the vessel owner or operating company not less than 24 hours before the commencement of the licensed activity in question.

• (2) Any changes to details supplied under sub-paragraph (1) must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activity in question.

• (3) Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity.

6

The undertaker must ensure that a copy of this licence has been read and understood by any agents and contractors that will be carrying out any licensed activity on behalf of the undertaker, together with any masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker.

7

Copies of this licence must be available for inspection at the following locations—

• (a) the undertaker’s registered office; and

• (b) during the construction of the authorised development only, at any site office which is adjacent to or near the River and which has been provided for the purposes of the construction of the authorised development.

8

The masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker as notified to the MMO under condition 5 must make a copy of this licence available for inspection on board such vessels during the carrying out of any licensed activity.

Code of construction practice

9

All construction licensed activities must be carried out in accordance with the code of construction practice approved under requirement 7 (code of construction practice) of Schedule 2 of the Order where applicable.

Method statement

10

• (1) Following consultation with the Environment Agency, and in respect of maintenance dredging only, the Port London Authority, the undertaker must submit a method statement, together with a report on the consultation carried out, for approval by the MMO, at least 6 weeks prior to the commencement of any licensed activity.

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

• (a) the detailed methodology to be employed by the undertaker in carrying out the licensed activity;

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

• (c) for construction licensed activities only, if relevant, the results of further sediment sampling undertaken in accordance with a sampling plan approved under condition 11.

• (3) The undertaker must not commence the licensed activity until the MMO has approved in writing the submitted method statement.

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

Sediment sampling

11

• (1) If the undertaker considers that sediment sampling is required to demonstrate the appropriateness of a methodology to be included in a method statement relating to construction licensed activities or maintenance dredging submitted to the MMO for approval under condition 10, prior to submitting that construction method statement to the MMO, the undertaker must submit a sediment sampling plan for approval by the MMO.

• (2) Any sediment sampling required under sub-paragraph (1) must be carried out in accordance with the approved sediment sampling plan, unless otherwise agreed in writing by the MMO.

Marine Noise Registry

12

• (1) Only when impact driven or part-driven pile foundations or detonation of explosives are proposed to be used as part of the foundation installation, the undertaker must provide the following information to the Marine Noise Registry (MNR)—

• (a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements; and

• (b) within 12 weeks of completion of impact pile driving/detonation of explosives, information on the exact locations and specific dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements.

• (2) The undertaker must notify the MMO of the successful submission of Forward Look requirements.

Piling

13

Where a licensed activity involves percussive piling the undertaker must commence piling activities using soft-start techniques for at least 20 minutes to ensure an incremental increase in pile power until full operational power is achieved. Should piling cease for at least 20 minutes the soft-start procedures must be repeated.

Dredging

14

Water injection dredging which is a licensed activity must not be undertaken in the period 1st June to 30th August.

Concrete and cement

15

• (1) The undertaker must not discharge waste concrete slurry or wash water from concrete, or cement into the River.

• (2) The undertaker must site concrete and cement mixing and washing areas at least 10 metres away from the River and any surface water drain to minimise the risk of run off entering the River.

Coatings and treatments

16

The undertaker must ensure that any coatings and any treatments are suitable for use in the River and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency.

Pollution and spills

17

The undertaker must—

• (a) store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent the release of fuel, oils and chemicals associated with plan, refuelling and construction equipment into the marine environment, including bunding with a capacity of no less than 110% of the total volume of all reservoirs’ and containers’ storage capacity;

• (b) report any spill of oil, fuel or chemicals into the marine environment to the MMO Marine Pollution Response Team pursuant to paragraph 2(2) of this licence, as soon as reasonably practicable, but in any event within 12 hours of the spill being identified; and

• (c) store all waste in designated areas that are isolated from surface water drains and open water and are bunded.

Post activities

18

• (1) The undertaker must remove any temporary structures, waste and debris associated with the construction licensable activities or maintenance activities within six weeks following completion of the final construction licensable activity or maintenance activity as applicable.

• (2) Within five business days following the completion of the removal activities referred to in sub-paragraph (1), the undertaker must notify the MMO in writing that such activities have been completed.

Disposal

19

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

20

The undertaker shall ensure that only inert material of natural origin, produced during dredging shall be disposed of within the disposal site TH070 South Falls (or any other disposal site approved in writing by the MMO), and that any other materials are screened out before disposal at this site.

21

The material to be disposed of within the disposal site referred to in condition 20 (or any other disposal site approved in writing by the MMO) must be placed evenly within the boundaries of that site.

Agents, contractors and subcontractors

22

• (1) The undertaker must notify the MMO in writing of any agents, contractors or subcontractors that will carry on any licensed activity under this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity.

• (2) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or subcontractors that will carry on any licensed activity.

Dropped Objects

23

• (1) The undertaker must report all dropped objects to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident.

• (2) On receipt of the Dropped Object Procedure Form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO.

• (3) On receipt of such survey results the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of the specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and its own expense.

Time periods

24

This licence remains in force until Work No. 4B of this Order is decommissioned.

Variations of approvals of Part 2 Conditions

25

• (1) With respect to any condition under Part 2 which requires a licensed activity to be carried out in accordance with any plans, protocols or statements approved under this licence, the approved details, plan or scheme are to be taken to include any amendments that may subsequently be approved in writing by the MMO.

• (2) Subsequent to the first approval of those plans, protocols or statements, any amendments will only be approved by the MMO if the undertaker has demonstrated to the reasonable satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects that are worse than those identified in the environmental statement.

Marine written scheme of archaeological investigation

26

All licensed activities must be carried out in accordance with the archaeological mitigation strategy approved under requirement 22 (archaeological mitigation strategy) of Schedule 2 of the Order where applicable.

PART 3 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application”

27

In this Part, “application” means a submission by the undertaker for approval by the MMO of any method statement or plan under conditions 10 and 11.

Further information regarding application

28

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

Determination of application

29

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

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

• (b) any further information provided by the undertaker in accordance with condition 28; and

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

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

• (a) grant the application unconditionally;

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

• (c) refuse the application.

• (3) If the MMO is unable to determine the application in accordance with sub-paragraph (2), this shall not constitute a breach of this condition nor be an offence under the Marine and Coastal Access Act 2009.

Notice of determination

30

• (1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable after the application is received by the MMO.

• (2) Where the MMO has made a request under condition 28, the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable once the further information is received.

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

SCHEDULE 12 — PROTECTIVE PROVISIONS

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

1

For the protection of the utility undertakers referred to in this Part of this Schedule (save for any utility undertakers which are specifically protected by any other Part of this Schedule, which will take precedence), the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned.

2

In this Part of this Schedule—

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