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The A122 (Lower Thames Crossing) Development Consent Order 2025

Type Statutory-Instrument

Publication 2025-03-25

Last updated 2025-11-05

State In force

Department King's Printer of Acts of Parliament

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(a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity;

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act will not apply although where possible the undertaker must seek to replace any trees which are removed; and

(c) the undertaker must consult (with sufficient particulars to identify the tree) the relevant planning authority prior to that activity taking place , except where provision for relevant activity in relation to the tree has already been made in an environmental management plan approved under paragraph 4 of Schedule 2, or a landscape and ecology management plan approved under paragraph 5 of Schedule 2.

(4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

PART 5 — POWERS OF ACQUISITION AND POSSESSION OF LAND

Compulsory acquisition of land

25

(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or is incidental to it, or is required as replacement land (as defined in article 40 (special category land)).

(2) This article is subject to articles 27 (time limit for exercise of authority to acquire land compulsorily), 28(2) (compulsory acquisition of rights and imposition of restrictive covenants) and 35(11) (temporary use of land for carrying out the authorised development).

Compulsory acquisition of land – incorporation of the mineral code

26

Parts 2 and 3 of Schedule 2 (minerals)[^f00081] to the Acquisition of Land Act 1981 are incorporated in this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated;

(b) for the “acquiring authority” substitute “the undertaker”;

(d) for “compulsory purchase order” substitute “this order”.

Time limit for exercise of authority to acquire land compulsorily

27

(1) After the end of the period of 8 years beginning with the day on which this Order is made—

(a) no notice to treat is to be served under Part 1 of the 1965 Act as modified by this Order; and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 31 (application of the 1981 Act),

in relation to the Order land for the purposes of this Order.

(2) The authority conferred by article 35 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights and imposition of restrictive covenants

28

(1) Subject to paragraphs (2) to (5), the undertaker may acquire such rights over the Order land, or impose restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 25 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 8 (land of which only new rights, etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for or in connection with the authorised development for the purposes specified in relation to that land in column (2) of that Schedule.

(3) The powers of paragraph (1) may be exercised by a statutory undertaker instead of by the undertaker in any case where the undertaker has given its prior consent to that in writing, and that consent may be given subject to terms and conditions.

(4) Where in consequence of paragraph (3), a statutory undertaker exercises the powers in paragraph (1) in place of the undertaker, except in relation to the payment of compensation the liability for which must remain with the undertaker, that person is to be treated for the purposes of this Order and by any person as being the undertaker in relation to the acquisition of the rights and the imposition of the restrictive covenants in question.

(5) The power conferred by paragraph (1) to acquire the rights and to impose the restrictive covenants described in Schedule 8 for the benefit of statutory undertakers or for the benefit of any other person—

(a) does not preclude the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 8 as may be required for the benefit of any other statutory undertaker or any other person; and

(b) must not be exercised by the undertaker in a way that precludes the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 8 as are required for the benefit of any other statutory undertaker or any other person.

(6) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat)[^f00082] to the 1965 Act, as modified by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant, the undertaker is not required to acquire a greater interest in that land.

(7) Schedule 9 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Private rights over land

29

(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished—

(a) from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) (power of entry)[^f00083] of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—

(a) as from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement;

(b) on the date of entry onto the land by the undertaker under section 11(1) of the 1965 Act; or

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over land owned by the undertaker that are within the Order limits are extinguished on carrying out any activity authorised by this Order which interferes with or breaches those rights.

(4) Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance)[^f00084] of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.)[^f00085] of the 2008 Act or article 37 (statutory undertakers) applies.

(7) Paragraphs (1) to (4) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition of the rights or the imposition of the restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(8) If any such agreement as is referred to in paragraph (7)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9) References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Modification of Part 1 of the 1965 Act

30

(1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions)[^f00086] of the 2008 Act is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge)[^f00087] for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”.

(3) In section 11A (powers of entry: further notice of entry)[^f00088]—

(a) in subsection (1)(a), after “land” insert “under that provision”;

(b) in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”.

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)[^f00089]—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.

; and

(b) after paragraph 29, insert—

(30) In this Schedule, references to entering on and taking possession of land do not include exercising the powers under articles 13 (use of private roads), 20 (protective work to land and buildings), 21 (authority to survey and investigate the land), 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the A122 (Lower Thames Crossing) Development Consent Order 2025.

(6) In respect of Plots 28-08, 29-253, 29-254, 29-258, 29-259, 29-260 and 29-261 shown in the land plans, and without limitation to the powers under article 35 (temporary use of land for carrying out the authorised development), section 8 (other provisions as to divided land) of, and Schedule 2A to, the 1965 Act, must be construed to ensure—

(a) the freehold owner of those plots may serve a notice to require the undertaker to acquire the landowner’s interest in respect of the Whitecroft Care Home where any part of the authorised development has begun; and

(b) the undertaker must accept a notice served under sub-paragraph (a) and thereafter serve—

(i) notice of entry under section 11 (powers of entry) of the 1965 Act; or

(ii) a declaration under section 4 (execution of declaration) of the 1981 Act,

in respect of land and interests in those plots and the Whitecroft Care Home owned by the landowner as though it were an acceptance for the purposes of paragraph 11 of Schedule 2A to the 1965 Act.

Application of the 1981 Act

31

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (applic ation of Act)—

(a) in subsection (1), omit the words “in themselves”; and

(b) for subsection (2) substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) For section 4(1) (execution of declaration), substitute—

(1) The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves, or in the case of land or a right that they are authorised to acquire for the benefit of a statutory undertaker , public communications provider or local authority, in the statutory undertaker , public communications provider or local authority in question, from the end of such period as may be specified in the declaration (not being less than 3 months from the date on which the service of notices required by section 6 is completed).

(5) In section 5(2) (earliest date for execution of declaration)[^f00090] omit the words from “, and this subsection” to the end.

(6) Omit section 5A (time limit for general vesting declaration)[^f00091].

(7) In section 5B(1) (extension of time limit during challenge)[^f00092] for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008 the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025.”

(8) In section 6(1)(b) (notices after execution of declaration)[^f00093], for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(9) In section 7(1)(a) (constructive notice to treat)[^f00094], omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(10) In section 8 (vesting, and right to enter and take possession)[^f00095], after subsection (3), insert—

(4) In this section references to the acquiring authority include any statutory undertaker , public communications provider or local authority referred to in section 4(1).

(11) In section 10(1) (acquiring authority’s liability arising on vesting of the land), after “vested in an acquiring authority” insert “or a statutory undertaker , public communications provider or local authority”.

(12) For section 11(1) (recovery of compensation overpaid)[^f00096], substitute—

(1) This section applies where after the execution of a general vesting declaration a person (“the claimant”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest.

(13) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration)[^f00097], for paragraph 1(2) substitute—

(2) But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.

(14) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by this Order) to the compulsory acquisition of land under this Order.

(15) In this article, “public communications provider” means a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003.

Modification of the 2017 Regulations

32

(1) The Schedule to the 2017 Regulations is modified as follows.

(2) In paragraph (3) of Form 1, after “from the date on which the service of notices required by section 6 of the Act is completed”, insert—

(1A) The [insert land or rights or both] described in Part [] of the Schedule hereto as being for the benefit of third parties and more particularly delineated on the plan annexed hereto vests in the statutory undertaker , public communications provider or local authority in question as from the end of the period of [insert period of 3 months or longer] from the date on which the service of notices required by section 6 of the Act is completed.

(3) References in Form 2 to “in themselves” is substituted with “in themselves and any identified third parties”.

(4) In paragraph (b) of the notes on use of Form 2—

(a) after “Insert the name of the authority” insert “and where the context requires insert a reference to third parties”; and

(b) omit “Thereafter rely on that definition wherever “(b)” appears in the text.”.

(5) In this article, “public communications provider” means a public communications provider as defined in section 151(1) of the Communications Act 2003.

Acquisition of subsoil or airspace only

33

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or of the airspace over the land referred to in paragraph (1) of article 25 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 10 (land in which only subsoil or new rights in and above subsoil and surface may be acquired) the undertaker’s powers of compulsory acquisition are limited to—

(a) the acquisition of such subsoil; and

(b) subject to paragraph (8), the acquisition of such easements or other new rights and the imposition of restrictive covenants in the remaining subsoil and over the surface of the land including rights and restrictive covenants for the benefit of a statutory undertaker , public communications provider,

as the undertaker may require for or in connection with the purposes specified in relation to that land in column (3) of that Schedule.

(3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraphs (1) or (2), the undertaker is not required to acquire an interest in any other part of the land.

(4) The following do not apply in connection with the exercise of the power under paragraph in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 30 (modification of Part 1 of the 1965 Act));

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test)[^f00098] of the 1990 Act.

(5) Paragraphs (3) and (4) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

(6) References in paragraph (2)(a) to subsoil are references to the subsoil lying at and below the depths specified in column (2) of Schedule 10 beneath the level of the surface of the land, and references to the remaining subsoil in paragraph (2)(b) are references to the part of the subsoil lying above the shallowest part of the subsoil acquired under paragraph (2)(a) but below the level of the surface of the land.

(7) For the purposes of paragraph (6) and Schedule 10, “the level of the surface of the land” means—

(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

(b) in the case of a river (except in the case of the river Thames as provided in sub-paragraph (c)), dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water;

(c) in the case of the river Thames comprised in plots 15-10, 15-11, 15-12, 16-42 and 16-43, the level of Ordnance Datum Newlyn; or

(d) in any other case, ground surface level,

at the time of this Order coming into force.

(8) The undertaker may not acquire easements or other new rights or impose restrictive covenants under paragraph (2)(b) on, over or under the riverbed of the river Thames for the protection of the tunnels.

(9) In this article, “public communications provider” means a public communications provider as defined in section 151(1) of the Communications Act 2003.

Rights under or over streets

34

(1) The undertaker may enter on, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised development

35

(1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 27 (time limit for exercise of authority to acquire land compulsorily)—

(a) enter on and take temporary possession of—

(i) the land specified in column (1) of Schedule 11 (land of which temporary possession 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) subject to paragraph (11), any other Order land in respect of which no notice of entry has been served under section 11[^f00099] (powers of entry) of the 1965 Act and no declaration has been made under section 4[^f00100] (execution of declaration) of the 1981 Act (other than a notice of entry or a declaration in connection with the acquisition of rights and/or the imposition of restrictive covenants only);

(b) remove any apparatus, buildings, landscaping and vegetation from that land;

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

(2) Not less than 28 days (or such period less than 28 days as may be requested by the undertaker and which is then approved by the owner of the land) 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 that notice must state the works, facilities or other purpose for which the undertaker intends to take possession of the land.

(3) The undertaker is not required to serve notice under paragraph (2) where the undertaker has identified a risk to the safety of—

(a) any person carrying out the authorised development or any of its parts;

(b) the public; or

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.

(4) The undertaker may 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 11, 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 of the 1981 Act in relation to that land.

(5) 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;

(e) remove or reposition any apparatus installed for or belonging to statutory undertakers or necessary mitigation works;

(f) restore the land on which any soil reprofiling work has occurred; or

(g) remove any temporary works which have planning permission (where required) in place and where their retention has been agreed with the owners of the land.

(6) 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.

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

(8) Any dispute as to the satisfactory removal of temporary works and restoration of land under paragraph (5) does not prevent the undertaker giving up possession of the land.

(9) Subject to article 67 (no double recovery), nothing in this article affects any liability to pay compensation under section 152[^f00101] (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 (6).

(10) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from—

(a) acquiring rights or imposing restrictions over any part of that land under article 28(2) (compulsory acquisition of rights and imposition of restrictive covenants) to the extent that such land is listed in column (1) of Schedule 8 (land of which only new rights etc. may be acquired);

(b) acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 33(2) (acquisition of subsoil or airspace only) to the extent that such land is listed in column (1) of Schedule 10 (land in which only subsoil or new rights in and above subsoil and surface may be acquired); or

(c) extinguishing rights or restrictive covenants over any land subject to temporary possession in respect of removed or decommissioned apparatus under article 37(3) (statutory undertakers).

(11) The undertaker may not take temporary possession under paragraph (1)(a)(ii) of the surface of the land comprised in plots 14-04, 14-05, 14-06, 14-07, 14-08, 14-09, 14-10, 14-12, 14-13, 14-14, 14-15, 15-10, 15-11, 15-12, 15-13, 15-14, 15-15, 15-16, 15-20, 16-42 and 16-43 listed in Schedule 10.

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

(13) The undertaker may not take temporary possession of plots 15-09, 15-16, 15-17 and 15-21, land relating to the Milton Compound, until an agreement is made with the Mayor’s Office for Policing and Crime and the RSPB regarding the safe operation of the Metropolitan Police firing range.

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

(15) Section 13[^f00102] (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[^f00103] (application of compulsory acquisition provisions) of the 2008 Act.

Temporary use of land for maintaining the authorised development

36

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

(a) subject to paragraph (11), 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) subject to paragraph (11), enter on any 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 (or such period less than 28 days as may be requested by the undertaker and which is then approved by the owner of the land) 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 that notice must state the works, facilities or other purpose for which the undertaker intends to take possession of the land.

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

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

(b) the public; or

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) 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.

(8) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation must be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(9) 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 (7).

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

(11) The undertaker may not take temporary possession under paragraph (1)(a) and (1)(b) of the surface of the land comprised in plots 14-04, 14-05, 14-06, 14-07, 14-08, 14-09, 14-10, 14-12, 14-13, 14-14, 14-15, 15-10, 15-11, 15-12, 15-13, 15-14, 15-15, 15-16, 15-20, 16-42 and 16-43 in Schedule 10 (land in which only subsoil or new rights in and above soil are surface may be acquired).

(12) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to 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 save that in relation to landscaping “the maintenance period” means such period as may be approved in a landscaping and ecology management plan pursuant to paragraph 5 of Schedule 2 (requirements).

Statutory undertakers

37

(1) Subject to the provisions of Schedule 14 (protective provisions), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only), article 35(10) (temporary use of land for carrying out the authorised development), and paragraph (2), the undertaker may—

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

(b) extinguish the rights or the benefit of a restrictive covenant of, or 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 (street works in England and Wales) of the 1991 Act; and

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

(3) Subject to paragraph (4), where the power in paragraph (1)(b) is exercised in relation to any Order land in respect of which the undertaker takes temporary possession under article 35 (temporary use of land for carrying out the authorised development), the undertaker may only extinguish rights or restrictive covenants in respect of apparatus belonging to statutory undertakers removed or decommissioned where—

(a) the undertaker, in agreement with the statutory undertaker, gives a notice to the landowner of the rights or restrictive covenants proposed to be extinguished; and

(b) that notice has been provided prior to giving up temporary possession under article 35.

(4) The extinguishment of a right or restrictive covenant under paragraph (3) does not—

(a) relieve the need for the undertaker to comply with, or otherwise affect the application of, article 35(5) of this Order; or

(b) give rise to any cause of action relating to the presence on or in the land of any foundations and the undertaker is not required to remove foundations when giving up temporary possession.

(5) Subject to paragraph (6) and (7), the undertaker must, unless otherwise agreed by the landowner and any relevant statutory undertaker, when all of the specified works listed in column (1) of the table below have been completed, by exercise of the power in paragraph (1)(b) or otherwise—

(a) extinguish or otherwise terminate any rights and restrictive covenants which have been created, acquired or imposed for the purpose of the corresponding work listed in the column (2) of the table below; and

(b) notwithstanding article 35(5), remove any apparatus which has been installed as part of the corresponding work listed in the column (2) of the table below.

(1) Specified work	(2) Corresponding work
Work No. CA2	Work No. MUT1 (outside of Thong Lane bridge)
Work No. MU12	Work No. MUT1 (so far as within Thong Lane bridge)
Work No. MU12	Work No. MUT2
Works Nos. CA3 and CA3A	Work No. MUT3
Work No. CA5	Work No. MUT4
Work No. CA5	Work No. MUT5
Work No. CA5	Work No. MUT6
Work No. CA5	Work No. MUT7
Works Nos. CA5 and CA5A	Work No. MUT8
Works Nos. CA5 and CA5A	Work No. MUT9
Work No. CA5	Work No. MUT10
Work No. CA5	Work No. MUT11
Work No. CA6	Work No. MUT12
Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11	Work No. MUT13
Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11	Work No. MUT14
Work No. CA6	Work No. MUT15 (outside of A128 Brentwood Road)
Work No. MU39	Work No. MUT15 (so far as within A128 Brentwood Road)
Works Nos. CA8A and CA8B	Work No. MUT16
Work No. CA7	Work No. MUT17
Work No. CA7	Work No. MUT18
Work No. MU45	Work No. MUT19
Work No. MU54	Work No. MUT20 (from the A1089 to the A13)
Works Nos. CA8A and CA8B	Work No. MUT20 (from Long Lane to Work No CA8A to CA8B)
Works Nos. CA9 and CA10	Work No. MUT21 (outside of B122 High Road, Orsett)
Work No. MU60	Work No. MUT21 (so far as within B122 High Road, Orsett)
Work No. CA11	Work No. MUT22
Work No. CA9	Work No. MUT23
Work No. CA9	Work No. MUT24
Work No. CA11	Work No. MUT25
Work No. CA13	Work No. MUT26
Work No. CA13	Work No. MUT27
Works Nos. CA13 and CA14	Work No. MUT28
Work No. CA14	Work No. MUT29
Work No. MU76	Work No. MUT30
Work No. CA15A	Work No. MUT31
Work No. CA16	Work No. MUT32
Work No. OH1	Work No. OHT1
Work No. OH4	Work No. OHT2
Work No. OH3	Work No. OHT3
Work No. OH7	Work No. OHT4
Work No. OH6	Work No. OHT5
Work No. OH6	Work No. OHT6
Work No. OH7	Work No. OHT7
Work No. OH7	Work No. OHT8

(6) The obligation in paragraph (5) applies in respect of rights and restrictive covenants which have been created, acquired or imposed and to apparatus installed for or which belongs to a statutory undertaker when, subject to the provisions of Schedule 14 (protective provisions), appropriate facilities and rights in respect of any specified work in column (1) of the table above have been granted to the relevant statutory undertaker.

(7) The obligation on the undertaker to remove apparatus in relation to paragraph (5) does not apply if the statutory undertaker is required to remove the apparatus under Schedule 14 (Protective Provisions) or by virtue of an agreement with that statutory undertaker.

(8) Insofar as the power under paragraph (1) is used to acquire easements or other new rights or impose restrictive covenants in subsoil, it is subject to article 33(8) (acquisition of subsoil or airspace only).

Apparatus and rights of statutory undertakers in stopped up streets

38

(1) Where a street is stopped up under article 14 (permanent stopping up of streets and private means of access), 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 14 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 statutory 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 statutory 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 (street works in England and Wales) 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)[^f00104] of the Communications Act 2003.

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 (street works in England and Wales) of the 1991 Act applies.

(4) In this article—

“public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 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, subject to paragraph (5) the specified special category land and any rights over that land is not to vest in the undertaker (or any specified person) until—

(a) the replacement land has been acquired in the undertaker’s name or is otherwise in the name of the persons who owned the specified special category land on the date those powers are exercised; and

(b) the Secretary of State has certified (following consultation by the undertaker with the relevant planning authority) ... a scheme for the provision of the replacement land including a timetable for the implementation of the scheme. ...

(2) On the requirements of paragraph (1) being satisfied—

(a) the specified special category land is to vest in the undertaker (or any specified person) and be discharged from all rights, trusts and incidents to which it was previously subject; and

(b) the rights to be acquired over the specified special category land are to vest in the undertaker (or any specified person) and the specified special category land is to be discharged from all rights, trusts and incidents to which it was previously subject but only in so far as their continuance would be inconsistent with the exercising by the undertaker of the Order rights.

(3) The undertaker must implement the scheme certified by the Secretary of State under paragraph (1) and on the date on which the replacement land is laid out and provided in accordance with that scheme, the replacement land is to vest in the person(s) in whom the specified special category land was vested on the date of the exercise of the Order powers (if that replacement land is not already owned by those persons) and is to be subject to the same rights, trusts and incidents as attached to the specified special category land.

(4) As soon as reasonably practicable after paragraph (3) takes effect in relation to the Orsett Fen common land and the Tilbury Green common land respectively, the undertaker must apply under section 14[^f00105] (statutory dispositions) of the Commons Act 2006 and paragraph 8 of Schedule 4 (applications pursuant to section 14: statutory dispositions) to the Commons Registration (England) Regulations 2014[^f00106] to amend the relevant register of common land accordingly.

(5) Paragraphs (1) and (2) do not have effect in relation to the Tilbury Green common land, or the Orsett Fen common land respectively if at the time of the exercise of the relevant Order powers over that land, that land has been de-registered as common land.

(6) A scheme certified under sub-paragraph (1)—

(a) must comply with the outline LEMP; and

(b) may be certified in relation to part of the specified special category land, and paragraphs (1) and (2) are to have effect accordingly, so long as the certified scheme provides for the replacement land required in respect of the relevant Order land.

(7) On the exercise by the undertaker of the relevant Order powers, so much of the excepted land as is required for the purposes of the exercise of those powers 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 of those powers.

(8) In this article—

“the excepted land” means the land identified as—plot 06-15 in the book of reference and the special category land plans, being the land in respect of which the Secretary of State is satisfied that section 131(5) of the 2008 Act applies; andplots 03-14, 04-145, 06-03, 06-56, 07-01, 07-02, 07-04, 07-05, 07-15, 07-17, 07-20, 07-22, 07-23, 07-27, 07-28, 07-41, 08-07, 08-12, 08-13, 08-14, 08-15, 20-75, 20-76, 21-25, 23-120, 23-170, 29-03, 29-04, 33-35, 35-13, 38-55, 43-07, 43-09, 43-18, 43-19, 43-35, 44-08, 46-04, 46-26 and 47-26 in the book of reference and the special category land plans, being the land in respect of which the Secretary of State is satisfied that section 132(3) of the 2008 Act applies;

“the Orsett Fen common land” means the land identified as plots 35-13, 35-14, 35-60, 37-01, 38-55 and 38-58 in the book of reference and the special category land plans;

“the relevant Order powers” means the powers exercisable over the special category land by the undertaker under article 25 (compulsory acquisition of land) or article 28 (compulsory acquisition of rights and imposition of restrictive covenants);

“the specified special category land” means the land, or any part of that land, identified as plots 03-14, 04-88, 04-144, 04-250, 04-264, 04-265, 04-274, 13-03, 20-63, 23-106, 29-02, 29-09, 29-282, 29-283, 33-18, 33-35, 35-14, 35-60, 37-01, 38-58, 43-07, 43-08, 43-09, 43-22, 43-23, 43-24, 43-25, 43-31, 43-33, 43-39, 43-106, 43-109, 43-110, 44-12, 44-51, 46-06, 46-08, 46-09, 46-11, 46-12, 46-13, 46-18 and 46-55 in the book of reference and the special category land plans, being the land in respect of which the Secretary of State is satisfied that section 131(4) or section 132(4) of the 2008 Act applies;

“the replacement land” means the land identified as plots 03-43, 03-54, 03-85, 11-79, 13-94, 20-70, 20-78, 20-79, 23-117, 29-01, 29-12, 29-16, 29-18, 29-19, 33-04, 33-13, 34-14, 34-16, 34-18, 35-52, 35-57, 37-04, 38-62, 42-19, 42-26, 42-33, 43-04, 44-19, 46-19, 47-29, 47-32 and 47-33 in the book of reference and on the special category land plans, being the replacement for the special category land;

“right, trusts, and incidents” means all such provisions attaching to the land, and in respect of the Tilbury Green common land, the Walton Common and Parsonage Common, and the Orsett Fen common land includes all such provisions attaching to that land contained in or having effect under the 1825 Act, the Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893[^f00107], section 193 of the Law of Property Act 1925[^f00108], and the Commons Act 2006;

“specified person” means a person other than the undertaker for whose benefit the replacement land or rights are being acquired and includes the owner of special category land on the date of the exercise of the relevant powers or a statutory undertaker;

“the Tilbury Green common land” means the land identified as plots 20-63, 20-75, 20-76, 23-106 and 23-120 in the book of reference and the special category land plans; and

“the Walton Common and Parsonage Common” means the land identified as plots 21-25 and 23-170 in the book of reference and the special category land.

Disregard of certain improvements, etc.

41

(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 constructed 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

42

(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.

Crown rights

43

(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 licensee to use, enter upon or in any manner interfere with any land or rights of any description—

(a) belonging to His 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 His 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 His 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 power under this Order for the compulsory acquisition of any interest in any Crown land (as defined in the 2008 Act) 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.

PART 6 — OPERATIONS

Power to operate, use and close the tunnel area

44

(1) The undertaker may operate and use the tunnel area in its capacity, and for the purposes of its functions, as a highway authority.

(2) The undertaker may, whenever in its opinion it is necessary to do so, close the tunnel area, whether wholly or partially.

(3) Where the undertaker proposes to close the tunnel area under paragraph (2), it must except in an emergency—

(a) give not less than 7 days’ notice to the relevant local authorities in such other manner as the undertaker considers appropriate; and

(b) throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnel area giving warning of the closure.

(4) The power to operate and close the tunnel area under this article will only apply and have effect from the date when the tunnel area is completed and open for public use.

(5) In this article—

“emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to— persons or property, including the tunnel area or any person in or using the tunnel area; or the environment; and

“relevant local authorities” means Kent County Council, Thurrock Council, and Gravesham Borough Council.

Road user charging

45

(1) Subject to the following paragraphs, the date when the tunnels are completed and open for traffic, the Secretary of State may impose road user charges in respect of motor vehicles using the tunnel area in accordance with Schedule 12 (road user charging provisions for use of the Lower Thames Crossing).

(2) Without prejudice to, and notwithstanding, any enactment, the Secretary of State may, with such terms and conditions as the Secretary of State may determine, transfer the power to impose road user charges under paragraph (1) to any person or body.

(3) Where the Secretary of State transfers the power to impose road user charges pursuant to paragraph (2)—

(a) The Secretary of State must publish a notice of that transfer in such manner as the Secretary of State considers appropriate to bring the transfer to the attention of all persons who are likely to be affected by it;

(b) The Secretary of State may revoke or vary that transfer where they deem a revocation or variation is reasonably necessary or expedient;

(d) Paragraph (1) of this article, article 46 (suspension of road user charging) and Schedule 12 are to be construed so that references to the Secretary of State are references to that person or body.

Suspension of road user charging

46

(1) The Secretary of State may suspend the operation of any road user charge imposed under article 45 (road user charging) if they consider that it is necessary to do so—

(a) in the event of an emergency, to enable or facilitate any action taken in response to the emergency; or

(b) to enable or facilitate a temporary event to take place.

(2) A suspension under this article is for such period as the Secretary of State considers necessary—

(a) in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days); or

(b) in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it.

(3) A suspension under this article may be in whole or in part; and if the road user charge is suspended in part that suspension may be in respect of—

(a) any road in respect of which charges are imposed;

(b) any event by reference to the happening of which a charge is imposed; or

(4) The Secretary of State must publish a notice of any suspension under this article and such notice must—

(a) be published in such manner as the Secretary of State considers appropriate to bring the suspension to the attention of all persons who are likely to be affected by it; and

(b) state the period for which the charge is likely to be suspended.

(5) In the case of a suspension under paragraph (1)(a), the Secretary of State must keep under review the need for the suspension to continue, and may increase or reduce the period for which the charge is to be suspended, but may not increase it so as to suspend the scheme for a period of more than 30 days.

(6) In this article “emergency” means any circumstance whether existing or imminent, which the Secretary of State considers is likely to cause danger to persons or property, or the environment.

47

Regardless of anything contained in any enactment, no person is to enter upon, breakup or interfere with the tunnel or tunnel area, or any part of it, for the purpose of placing or doing anything in or in relation to any sewer, drain, main, pipe, wire or other apparatus or executing any work except with the written consent of the undertaker and in accordance with such terms and conditions as the undertaker may determine, including as to payment, such consent not to be unreasonably withheld and any disputes as to failure to consent or over terms and conditions to be subject to the arbitration provisions in article 64 (arbitration).

Protection of the tunnel area, etc.

48

(1) Subject to paragraph (2) —

(a) the PLA must not, whether under the 1968 Act or otherwise, carry out, or grant a river works licence or a river dredging licence to carry out the restricted first and second protection zone activities; and

(b) no other person may carry out the restricted first and second protection zone activities,

without the consent of the undertaker.

(2) Notwithstanding paragraph (1), a consent under that paragraph is not required in connection with—

(a) the PLA carrying out or granting a river works licence or a river dredging licence to carry out the exempt second protection zone activities; or

(b) any other person carrying out the exempt second protection zone activities.

(3) Any consent given to the PLA under this article to carry out or grant a river works licence or a river dredging licence is a consent for the purposes of this article to the holder of that licence to carry out any restricted first and second protection zone activities authorised by that licence.

(4) If the PLA or any other person contravenes the provisions of paragraph (1), the undertaker may by notice in writing require the PLA or any other person that has contravened the provision of paragraph (1) to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of the undertaker) within a reasonable time specified in the notice and to restore the part of the river Thames or land concerned to its former condition and make good any impairment or damage to the tunnel area.

(5) If the person to whom a notice under paragraph (4) is given fails to comply with that notice, the undertaker may carry out the work required by the notice and recover the costs of so doing from that person.

(6) A consent under this article may be given unconditionally or subject to terms and conditions and must not be unreasonably withheld.

(7) If the undertaker receives an application for consent under this article from the PLA and fails to notify the sender of its decision before the end of the period of 28 days beginning with the date after the application was made, it is deemed to have granted consent.

(8) The undertaker must—

(a) designate the person to whom an application for consent should be made under paragraph (1) and may from time to time alter any such designation; and

(b) give the PLA written notification of any such designation.

(9) From the date Work No. 5A or Work No. CA5 is commenced, the permission under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987[^f00109] to anchor or berth vessels in the area identified as Higham bight anchorage under the licence dated 28 May 1992 with the reference 9/92 may not be varied or otherwise modified without the consent of the undertaker, and that licence ceases to have effect insofar as the vessel is carrying—

(a) substances or articles which have a mass explosion hazard;

(b) substances or articles which have a projection hazard; or

(i) may affect the safe construction, maintenance or operation of the tunnel area and which are designated for the purposes of this sub-paragraph by the undertaker with the agreement of the Health and Safety Executive and the PLA; and

(ii) following a designation under sub-paragraph (i), have been published on a website operated by the undertaker or the Health and Safety Executive.

(10) In this article —

“any other activity” includes any activity which constitutes a “material operation” under section 56(4) of the 1990 Act or “works” under the 1968 Act;

“commenced” has the same meaning as the definition of commence in Schedule 2 (requirements) to this Order;

“the restricted first and second protection zone activities” means the following activities within the part of the river Thames that is situated within the first protection zone or second protection zone shown on the river restrictions plan—any dredging;the installation of a mooring or other structure;any piling activities;any designation of any anchorage;any excavations, trial holes, boreholes and other investigations; orany other activity which might reasonably be expected to affect the safe construction, maintenance or operation of the tunnel;

“river works licence” means a licence granted by the PLA under section 66 (licensing of works) of the 1968 Act;

“river dredging licence” means a licence granted by the PLA under section 73 (licensing of dredging, etc.) of the 1968 Act;

“the exempt second protection zone activities” means the following activities within the part of the river Thames that is situated within the second protection zone shown on the river restrictions plan—any dredging provided it does not result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 12.5 metres below chart datum subject to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed;non-intrusive ground investigations, surface sampling, vibrocoring and surveys;shallow piling activities and excavations; andwhere such activities either alone or together do not lead to a concurrent load of 50kPA or more on the bed of the river Thames within the Order limits—the use of anchorages and placing of moorings and navigational marks and the grounding of a barge for any of these purposes;the maintenance of groynes, mooring placements, navigational marks, scour protection, river walls and revetements and the grounding of a barge for any of these purposes;mooring marine plant in connection with the activities in sub-paragraphs (b) and (d)(i) and (ii).

Removal of vehicles

49

(1) If any obstruction is caused by a vehicle waiting, loading, unloading or breaking down in the tunnel area, the person in charge of the vehicle must immediately remove it; and if that person fails to do so an authorised person may take all reasonable steps to remove the obstruction.

(2) An authorised person who removes a vehicle under paragraph (1) may do so by towing or driving the vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the vehicle as the authorised person considers necessary to enable the vehicle to be removed.

(3) Where an authorised person requires a person to remove a vehicle which is causing an obstruction in the circumstances described under paragraph (1) and the authorised person determines that the manner of removal proposed by the person required to remove it may cause danger to other persons using the road, the authorised person may require the vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the vehicle if the person required to remove it refuses to remove it in the manner so required.

(4) A vehicle removed by an authorised person under this article—

(a) may be returned immediately to the person in charge of that vehicle; or

(b) where immediate return of that vehicle to the person in charge of it is not practicable or appropriate, must be delivered to the undertaker or to a person authorised by the undertaker to keep vehicles so removed (“the custodian” in either case).

(5) The custodian is entitled to recover the relevant charges from any person responsible and the custodian is entitled to retain custody of the vehicle until that sum is paid.

(6) The custodian may dispose of a vehicle (including its contents) at any time after its removal—

(a) where the owner of the vehicle has disclaimed all rights of ownership of the vehicle;

(b) where in the opinion of the authorised person the vehicle is in such a condition that it ought to be destroyed;

(i) does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence); and

(ii) does not display any registration mark (whether indicating registration within or outside the United Kingdom).

(7) In a case to which paragraph (6) does not apply, the custodian must—

(a) if the vehicle carries a United Kingdom registration mark, ascertain from records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994[^f00110] the name and address of the person by whom the vehicle is kept; or

(b) if the vehicle does not carry such a registration mark, make such inquiries as appear to the custodian reasonably practicable to ascertain the owner of the vehicle.

(8) If the custodian, having taken the relevant steps required under paragraph (7), is unable to ascertain the name and address of the owner of the vehicle, the custodian may dispose of the vehicle.

(9) A custodian who has ascertained the name and address of the owner of the vehicle must issue a notice to the owner at the owner’s address in the form prescribed in paragraph (10).

(10) A notice under paragraph (9) must set out—

(a) the specified information;

(b) the place to which the vehicle has been removed;

(c) that if the recipient is the owner of the vehicle, the recipient is required to remove the vehicle from the custody of the custodian and pay the relevant charges within a period not less than 7 days beginning with the day on which the notice is served; and

(d) that the custodian intends to dispose of the vehicle if it is not removed within that period.

(11) If the person to whom the notice issued under paragraph (9) fails to comply with all of its requirements, the custodian may dispose of the vehicle at any time after the date specified in the notice in accordance with paragraph (10).

(12) As soon as reasonably practicable following the disposal of a vehicle under this article the custodian must—

(a) where the vehicle carried a GB registration mark or a mark indicating registration in Northern Ireland, give information relating to the disposal to—

(i) the Secretary of State;

(ii) the chief officer of the police force in whose area the vehicle was removed under paragraph (1); and

(iii) HPI Ltd;

(b) where the vehicle carried a mark indicating registration outside the United Kingdom, give information relating to the disposal to—

(i) the Secretary of State;

(ii) the Commissioners of Customs and Excise; and

(iii) the chief officer of the police force in whose area the vehicle was removed under paragraph (1);

(c) where the vehicle did not carry any registration mark, give information relating to the disposal to the chief officer of the police force in whose area the vehicle was removed under paragraph (1); and

(d) in the case of any vehicle, information relating to the disposal must be given to any person who appears to the custodian to have been the owner of the vehicle immediately before it was disposed of.

(13) A person (“the claimant”) may take possession of a vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if—

(a) the claimant satisfies the custodian that the claimant is the owner of the vehicle or that the claimant is authorised by the owner to take possession of the vehicle;

(b) all outstanding relevant charges are paid to the custodian; and

(c) the claimant takes possession of the vehicle within seven days of the custodian being satisfied of the matter in paragraphs (a) and (b).

(14) If before the end of the period of one year beginning with the date on which a vehicle is disposed of pursuant to this article, a person claims to have been the owner of the vehicle at the time when it was disposed of and—

(a) the person claiming satisfies the custodian that the person so claiming was the owner of the vehicle at the time it was disposed of;

(b) the claim is made before the end of the period of one year beginning with the date on which the vehicle was disposed of; and

the specified sum is payable by the custodian to the owner.

(15) Where it appears to the custodian of a vehicle that more than one person is the owner, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraphs (13) and (14) as the owner for the purposes of this article.

(16) For the purposes of this article—

(a) the owner of a vehicle is taken to be the person by whom the vehicle is kept and in determining for those purposes who was the owner of the vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994; and

(b) “breaking down” includes by way of a mechanical or technological defect, lack of fuel, oil, water or power required for the vehicle or any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories drive it under its own power away from the tunnel area.

(17) In this article—

“GB registration mark” means a registration mark issued in relation to a vehicle under the Vehicle Excise and Registration Act 1994;

“HPI Ltd” means HPI Limited (company number 04068979), whose registered office is at Capitol House, Bond Court, Leeds, Yorkshire, England, LS1 5EZ, being a company incorporated under the Companies Act 1985 and includes its successors and assigns or any body which takes on its functions in relation to vehicle identification and registration;

“information relating to the disposal” means, in relation to a vehicle—any information which is sufficient to relate the information now being given to any information previously given to the same person in respect of the removal, storage or disposal of the vehicle;such of the specified information as has not been previously given to the same person in respect of the removal, storage or disposal of the vehicle; andinformation as to whether the vehicle was disposed of by destruction or by sale and if by sale, the sum realised;

“person responsible”, in relation to a vehicle, means—the owner of the vehicle at the time when it was put in the place from which it was removed as mentioned in paragraph (1), unless the owner demonstrates that the owner was not concerned in, and did not know of, the vehicle being put in the tunnel area;any person by whom the vehicle was put in that place;any person convicted of an offence under section 2(1) (penalty for unauthorised dumping)[^f00111] of the Refuse Disposal (Amenity) Act 1978 in consequence of the putting of the vehicle in that place;

“relevant charges” means the sums and charges prescribed by the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008[^f00112];

“specified information”, in relation to a vehicle, means such of the following information as can be, or could have been, ascertained from an inspection of the vehicle, or has been ascertained from any other source—in the case of a vehicle which carries a GB registration mark, or a mark indicating registration in a country outside Great Britain, particulars of such mark; andthe make of the vehicle;

“specified sum” means a sum calculated by deducting from the proceeds of sale the relevant charges that would have been payable had the vehicle been claimed by the owner immediately before its disposal; and

“vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

Removal of obstructions

50

(1) Where an obstruction or hazard is caused in the tunnel area by a load falling from a vehicle and the person in charge of the vehicle fails to remove it, an authorised person may take all reasonable steps to remove the load.

(2) An authorised person—

(a) may return a load which the authorised person has removed immediately to the person in charge of the vehicle from which it has fallen; or

(b) where a return of the load which the authorised person has removed to the person in charge of the vehicle from which it has fallen is not practicable or appropriate, must deliver the load to the undertaker or to a person authorised by the undertaker to keep loads so removed (“the custodian” in either case).

(3) The custodian must take reasonable steps to ascertain the identity of the owner of the load.

(4) Where the custodian has been able to ascertain contact details for the owner of the load, the custodian must notify such person that—

(a) the load is in possession of the custodian;

(b) the owner must take possession of the load within five weeks of the date of the notice;

(c) the owner may only take possession of the load on the payment of the custodian’s expenses in removing and storing the load; and

(d) the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian

(5) Where the custodian has been unable to ascertain contact details for the owner of the load, the custodian may dispose of or sell the load as the custodian thinks fit.

(6) The custodian may recover any expenses reasonably incurred in the removal and storage of a load from the owner of the load.

(7) Unless the owner of the load acts in accordance with the requirements of a notice issued under paragraph (4), title in the load vests in the custodian on the date specified in the notice.

(8) Where a load consists of, or includes, liquids or semi-liquids or items which are loose or an aggregate, or noxious, perishable or otherwise hazardous or difficult to collect-up or remove an authorised person or custodian (as the case may be) may, as it sees fit, immediately wash, clean or clear away or remove the fallen load or otherwise dispose of it or sell it.

(9) In this article “vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

Byelaws relating to the tunnel area

51

(1) The undertaker may make byelaws regulating—

(a) the efficient management and operation of the tunnel area;

(b) travel in the tunnel area;

(d) the conduct of persons in the tunnel area.

(2) The byelaws contained in Schedule 13 (Lower Thames Crossing byelaws) have effect in relation to the tunnel area and continue to have effect until such time as they are amended or revoked by further byelaws made under paragraph (1) and in each case are to be treated as if they are byelaws that have been made by the undertaker under paragraph (1) and confirmed by the Secretary of State on the date this Order comes into force.

(3) Subject to paragraph (4) the provisions of subsection 236(3) to (8), and (11) (procedure, etc., for byelaws) of the Local Government Act 1972[^f00113] apply in relation to byelaws (other than those in Schedule 13) made by the undertaker under paragraph (1) as if the undertaker were a local authority for the purposes of subsection 236(1) of the Local Government Act 1972.

(4) The undertaker may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016[^f00114] as if those regulations applied to the making and revoking of byelaws under this article.

(5) Byelaws made under this article are enforceable by the undertaker and any authorised person.

(6) A person who breaches a byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Fixed penalty notices relating to byelaws

52

(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 51 (byelaws relating to the tunnel area).

(2) The authorised person may serve on that person a fixed penalty notice in respect of the offence.

(3) Where a person is given a fixed penalty notice under this article in respect of an offence—

(a) no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and

(b) that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice.

(4) A fixed penalty notice must state—

(a) the amount of the fixed penalty;

(b) particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence;

(c) the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and

(d) that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

(5) The amount of the fixed penalty is—

(a) one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

(b) one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

(6) An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom.

(7) Payment of the deposit must be paid by such means as the undertaker may specify on its website as being acceptable.

(8) The undertaker must apply the deposit towards payment of the fixed penalty.

(9) In any proceedings a certificate which—

(a) purports to be signed on behalf of an officer of the undertaker; and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

PART 7 — MISCELLANEOUS AND GENERAL

Disapplication of legislative provisions, etc.

53

(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 of the authorised development and within any maintenance period defined in article 36(13), any maintenance of the authorised development—

(a) sections 66 to 75 of the 1968 Act except where paragraph (4) applies;

(b) sections 141 (restriction on planting of trees etc. in or near carriageway), 169 (control of scaffolding on highways), 171 (control of deposit of building materials and making of excavations in streets), and 172 (hoardings to be set up during building etc.) of the 1980 Act;

(c) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991[^f00115];

(d) sections 23 (prohibition of obstructions, etc. in watercourses), 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991[^f00116];

(e) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; and

(f) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00117] in respect of a flood risk activity.

(2) The provisions of the Neighbourhood Planning Act 2017[^f00118], insofar as they relate to temporary possession of, or entry onto, land under 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 36(13), any maintenance of any part of the authorised development.

(3) Following the expiry of any maintenance period defined in article 36(13), the requirement under the 1968 Act to obtain a works licence under section 66 (licensing of works) of that Act does not apply to anything done within any structure forming part of the authorised development in connection with the operation or maintenance of the authorised development, or any other function of the undertaker in its capacity as a highway authority except where paragraph (4) applies.

(4) This paragraph applies where the undertaker seeks to carry out, construct or maintain any utility works beneath the riverbed of the river Thames which are not required directly or solely in connection with the construction, operation and maintenance of the highway that forms part of the authorised development.

(5) The provisions of the Allotments Act 1922[^f00119] do not apply to the exercise by the undertaker of any functions under this Order.

(6) 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 2010[^f00120] any building comprised in the authorised development is deemed to be—

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

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