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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

Source legislation.gov.uk

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

(7) Nothing in this Order is to prejudice the operation of, and the exercise of powers and duties of the undertaker, a statutory undertaker or the Secretary of State under the 1980 Act, the 1991 Act, the 2000 Act (or any other enactment relating to the imposition of road user charges) and the Town and Country Planning (General Permitted Development) (England) Order 2015[^f00121].

Designation of fen land

54

(1) Unless otherwise agreed with the Secretary of State following consultation by the undertaker with Natural England and subject to paragraph (2), from the specified date Fen land A and Fen land B are to be treated as though they were a manorial waste for the purposes of section 193 (rights of the public over commons and waste lands) of the Law Property Act 1925[^f00122] and this Order is to be treated as a scheme under section 193(1)(a) of that Act in connection with that manorial waste.

(2) Notwithstanding paragraph (1), the undertaker may restrict or regulate access to, or erect structures on, Fen land A or Fen land B where reasonably necessary for public safety or in the case of an emergency.

(3) In this article—

“emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to persons or property.

“Fen land A” means the land identified as Area A shown in Appendix 2 of the outline LEMP;

“Fen land B” means the land identified as Area B shown in Appendix 2 of the outline LEMP;

“specified date” means— in relation to Fen land A, the later of 12 months from the date of completion of the provision of water vole mitigation on that land or 18 months from the date of completion of the provision of water vole mitigation on that land where the undertaker determines, following consultation with Natural England, that period is reasonably necessary to allow for the establishment of the water vole mitigation; and in relation to Fen land B, the day after the completion of the provision of open mosaic habitat and grassland on that land.

Application of local legislation, etc.

55

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

(a) an Act for making and maintaining a navigable Canal, from the River Thames, near to the Town of Gravesend, in the County of Kent, to the River Medway, at a Place called Nicholson’s Ship Yard, in the Parish of Frindsbury, in the said County; and also a certain Collateral Cut, from White Wall in the said Parish, to the said River Medway[^f00123];

(b) an Act for enabling the Company of Proprietors of the Thames and Medway Canal, to vary the Line of the said Canal, and to raise a further Sum of Money for completing the said Canal and the Works thereunto belonging; and for altering and enlarging the Powers of an Act, made in the Thirty-ninth and Fortieth Year of the Reign of His present Majesty, for making the said Canal and a Collateral Cut thereto[^f00124];

(c) an Act for enabling the Company of Proprietors of the Thames and Medway Canal to vary the Line of the said Canal; and for altering and enlarging the Powers of Two Acts passed in the Fortieth and Forty-fourth Years of His present Majesty, for making the said Canal and a Collateral Cut thereto[^f00125];

(d) the 1825 Act;

(e) Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893[^f00126];

(f) Medway and Thames Canal Act 1902[^f00127];

(g) London Overground Wires Act 1933[^f00128];

(h) London, Midland and Scottish Railway Act 1936[^f00129];

(i) Thames Barrier and Flood Prevention Act 1972[^f00130];

(j) County of Kent Act 1981[^f00131];

(k) Greater London Council (General Powers) Act 1986[^f00132];

(l) Essex Act 1987[^f00133];

(m) Channel Tunnel Rail Link Act 1996[^f00134];

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

(o) byelaws of the Rural District Council of Romford for the prevention of nuisances 1902;

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

(q) Essex County Council byelaws for the Good Rule and Government 1938;

(r) Urban District of Hornchurch byelaws for Nuisances 1938;

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

(t) byelaws of the Urban District Council of Thurrock as to certain nuisances 1970;

(u) byelaws of Gravesham Borough Council in respect of pleasure grounds known as Thong Lane Sports Ground 1970;

(v) byelaws of the Borough of Medway in respect of pleasure grounds 1976;

(w) Thames Water Authority Land Drainage Byelaws 1981; and

(x) any other byelaws made under section 235 of the Local Government Act 1972[^f00135].

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

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

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

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

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

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

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

(4) Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976[^f00136]will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance of the authorised development subject to other provisions.

(5) Without prejudice to Part 10 (for the protection of Tilbury London Limited) of Schedule 14 (protective provisions), to the extent that there is any inconsistency or conflict between any works authorised under this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of the functions conferred by this Order and all or any of the provisions of the Port of Tilbury (Expansion) Order 2019[^f00137] (“the 2019 Order”) then, in respect of such inconsistency or conflict, there is deemed to be no breach, or non-compliance, of any provision or requirement of the 2019 Order by the Port of Tilbury London Limited or the undertaker.

Planning permission, etc.

56

(1) If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is—

(a) not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or

(b) required to complete or enable the use or operation of any part of the development authorised by this Order,

then the construction, maintenance, use or operation of that development under the terms of the planning permission does not constitute a breach of the terms of this Order.

(2) Development consent granted by this Order is to be deemed as specific planning permission for the purposes of section 264(3) (cases in which land is not to be treated as operational land for the purposes of that Act) of the 1990 Act.

(3) To the extent any development carried out or used pursuant to a planning permission granted under section 57[^f00138] (requirement of planning permission) of the 1990 Act or compliance with any conditions of that permission is inconsistent with the exercise of any power, right or obligation under this Order or the authorised development—

(a) that inconsistency is to be disregarded for the purposes of establishing whether any development which is the subject matter of that planning permission is capable of physical implementation; and

(b) in respect of that inconsistency, no enforcement action under the 1990 Act may be taken in relation to development carried out or used pursuant to that planning permission, or compliance with any conditions of that permission, whether inside or outside the Order limits.

(4) Any development or any part of a development within the Order limits which is constructed or used under the authority of a permission granted under section 57 of the 1990 Act including permissions falling under paragraphs (1) or (3), is deemed not to be a breach of, or inconsistent with, this Order and does not prevent the authorised development being carried out or used or any other power or right under this Order being exercised.

(5) Any works carried out under this Order are deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act for the purposes of section 9 (requirement of licence for felling)[^f00139] of the Forestry Act 1967.

(6) In paragraph (3), “enforcement action” means any enforcement action provided for under Part 7 of the 1990 Act.

Application of landlord and tenant law

57

(1) This article applies to—

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

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

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

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

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

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

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

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

Defence to proceedings in respect of statutory nuisance

58

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance)[^f00140] of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (d), (e), (fb), (g), and (ga) of section 79(1) (statutory nuisances and inspections therefor.) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00141] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the construction or maintenance of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site)[^f00142] of the Control of Pollution Act 1974; or

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

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

(2) For the purposes of paragraph (1), compliance with the controls and measures described in the Code of Construction Practice or any environmental management plan approved under paragraph 4 of Schedule 2 to this Order will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

(3) Section 61(9)[^f00143] (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

59

Schedule 14 (protective provisions) has effect.

Deemed marine licence

60

The marine licence set out in Schedule 15 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act for the licensed activities set out in Part 1, and subject to the licence conditions set out in Part 2, of that licence.

SACR

61

(1) The undertaker must when carrying out the authorised development implement the measures contained in Parts 1 to 3 of the SACR (including the amendments required by paragraph 30 (amendments to be made to the SACR) of Part 3 (amendments to be made to the control documents) of Schedule 2 (requirements)) unless—

(a) otherwise agreed in writing with the person with the benefit of the measure; or

(b) an application submitted by the undertaker for revocation, suspension or variation of the measure has been approved in writing by the Secretary of State, following consultation by the undertaker with the person(s) with the benefit of the measure and any other persons considered appropriate.

(2) When determining whether to approve a revocation, suspension or variation of a measure under paragraph (1)(b), the Secretary of State—

(a) must consider the safe and expeditious delivery of the authorised development and whether—

(i) the measure is capable of implementation;

(ii) the measure no longer serves a useful purpose; and

(iii) the purpose of the measure could be served equally well with any proposed revocation, suspension or variation, and

(b) may consider additional matters that the Secretary of State considers relevant.

(3) In relation to an application under paragraph (1)(b)—

(a) the SACR is deemed to be modified so as to give effect to any revocation, suspension or variation approved by the Secretary of State; and

(b) the undertaker must, as soon as reasonably practicable after the Secretary of State determines an application for the revocation, suspension or variation of a measure, notify the person(s) with the benefit of the measure of that determination.

(4) Paragraph 22 of Schedule 2 (requirements) applies to an application to the Secretary of State for revocation, suspension or variation under paragraph (1)(b) as though it were a consultation required under that Schedule.

(5) The undertaker must, as soon as practicable following the exercise of any power under this Order, establish and maintain for a period of 3 years following the completion of the authorised development a register in electronic form, suitable for inspection by members of the public, which sets out in relation to each measure secured under paragraph (1)—

(a) the status of the measure; and

(b) whether any approval has been given or agreement made under paragraph (1)(a) or (b).

Certification of documents, etc.

62

(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 16 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 16 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

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

(4) The undertaker must, following certification of the plans or documents in accordance with paragraph (1), make those plans or documents available in electronic form for inspection by members of the public.

Service of notices

63

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post)[^f00144] of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement will be taken to be fulfilled only where—

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

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

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

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

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

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

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

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

(9) This article is not to be taken to exclude the employment of any method of service not expressly provided for by it.

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

Arbitration

64

(1) Except where otherwise expressly provided for in this Order and unless otherwise agreed in writing between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

(2) Subject to article 65 (financial arrangements for the Kent Downs National Landscape), any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration.

Financial arrangements for the Kent Downs National Landscape

65

(1) The undertaker, Natural England and the Kent Downs National Landscape Unit (“the parties”) are to agree in writing the financial contribution to be made available by the Applicant for the benefit of the Kent Downs National Landscape having regard to the amended duty under section 85 of the Countryside and Rights of Way Act 2000[^f00145].

(2) The agreement referred to in paragraph (1) is to be made prior to the commencement of any part of the authorised development located south of the River Thames.

(3) The financial contribution referred to in paragraph (1) is not to duplicate previously agreed mitigation or compensation measures already recorded in the SACR.

(4) The financial contribution referred to in paragraph (1) is to be used in accordance with the Kent Downs AONB Management Plan or any superseding document.

(5) If agreement is not reached regarding the financial contribution, the parties are to agree that the matter is referred to an agreed independent assessor or arbitrator, or failing agreement to be appointed on the application of any of the parties (after giving notice to the other parties) by the President of the Institution of Civil Engineers (“the President”).

(6) The parties are to agree a timetable with, and the provision of papers and documents to, the agreed independent assessor or arbitrator or with the arbitrator appointed by the President.

(7) The costs of the consideration of the financial contribution (referred to in paragraph (1)) by the agreed independent assessor or arbitrator, or the arbitrator appointed by the President, is to be paid by the undertaker.

(8) In this article “commencement” has the same meaning as in paragraph 1(1) (interpretation) of Part 1 of Schedule 2 (requirements).

(8) The reasonable costs of the Kent Downs National Landscape Unit is to be agreed between the parties and paid by the undertaker.

(9) The agreed independent assessor or arbitrator or the arbitrator appointed by the President is to prepare a recommendation regarding the appropriate level of the financial contribution referred to in paragraph (1).The recommendation referred to in paragraph (7) is to be submitted to the Secretary of State by the undertaker together with any supporting papers and documents provided to the agreed independent assessor or arbitrator or arbitrator appointed by the President.

(10) In relation to the recommendation, the Secretary of State may—

(a) approve the recommendation;

(b) refuse the recommendation; or

(11) The undertaker is required to amend the SACR so as to record—

(a) the written agreement regarding the financial contribution referred to in paragraph (1); or

(b) the outcome of the approved or modified recommendation,

before it is submitted for certification to the Secretary of State in accordance with article 62

Power to override easements and other rights

66

(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the use of land arising by contract.

(2) The interests and rights to which this article applies include any 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 the virtue of a contract.

(3) Subject to article 67 (no double recovery), where any interest, right or restriction to which this article applies is interfered with or breached under paragraph (1), unless otherwise agreed, compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection)[^f00146] of the 1965 Act; and

(b) is to be assessed in the same way and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(4) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (3); and

(b) fails to discharge that liability,

the liability is enforceable against the undertaker.

(5) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).

(6) In this article “authorised activity” means—

(a) the erection, construction or maintenance of any part of the authorised development;

(b) the exercise of any power authorised by this Order; or

No double recovery

67

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

Interface with waste operation permits

68

(1) Before the undertaker carries out an authorised activity which would give rise to inconsistency or conflict with an existing permit, it may—

(a) consult the Environment Agency and the permit holder on a draft environmental scheme;

(b) amend that scheme as appropriate to take into account of representations received; and

but if the undertaker decides not to submit an environmental scheme, it must give reasonable notice to any permit holder to enable appropriate steps to be taken to ensure it continues to be able to comply with its permit.

(2) The Environment Agency must within 56 days (or such other period as the undertaker and the Environment Agency may agree) of receipt of the final scheme under paragraph (1)(c) make a regulator initiated variation to the relevant existing permit.

(3) The Environment Agency must, subject to its duties under the 2016 Regulations, ensure that the regulator initiated variation referred to in paragraph (2)—

(a) allows the authorised activity to be carried out in accordance with the environmental scheme; and

(b) minimises the need for any future variations to the existing permit arising from an authorised activity.

(4) In relation to a regulator initiated variation made pursuant to this article, the 2016 Regulations are to be construed so that—

(a) regulation 20(2) (variation of an environmental permit) does not apply where the Environment Agency (or, in the case of an appeal, the appropriate authority) agrees that the conditions in paragraph 14(1)(a) and (b) (surrender applications) of Part 1 of Schedule 5 to the 2016 Regulations are satisfied by the environmental scheme;

(b) where a regulator initiated variation made pursuant to this article includes provision to reduce the extent of the site of a regulated facility, an application for a surrender of a permit in respect of land which, by virtue of that variation, is no longer the site of a regulated facility will not be required;

(c) paragraph 8 (public participation in relation to regulator-initiated variations) of Part 1 of Schedule 5 to the 2016 Regulations does not apply;

(d) paragraph 9 (consultation: conditions mentioned in regulation 15(1)) of Part 1 of Schedule 5 to 2016 Regulations does not apply so as to require notice to be served on the undertaker;

(e) both the undertaker and the permit holder have a right of appeal under regulation 31(1)(c)(i) (appeals to an appropriate authority);

(f) if the Environment Agency fails to comply with paragraph (2), the undertaker may serve a notice under paragraph 2(1) (making an appeal) of Schedule 6 of the 2016 Regulations and the undertaker may then appeal under regulation 31(1)(a), as if the failure were a refusal of an application under the Regulations;

(g) the appropriate authority for the purposes of regulation 31 is the Secretary of State for Transport;

(h) the permit holder must be served with a copy of an appeal made by the undertaker within 14 days of it being lodged and will have the right to make representations and appear at the appeal as an interested party; and

(i) no requirements relating to publicity of an appeal apply.

(5) Charges that would otherwise apply to a regulator initiated variation under the charging scheme are substituted by a requirement for the undertaker to pay to the Environment Agency its reasonable costs incurred in connection with paragraphs (1) to (3) of this article.

(6) Regulation 25 (application for the surrender of an environmental permit) of the 2016 regulations is to be construed to allow the undertaker to make an application, following consultation with the permit owner and the Environment Agency, to surrender in whole or in part an existing permit in respect of land which has been, or is proposed to be, compulsorily acquired by the undertaker under this Order.

(7) If a surrender application is made under paragraph (6) the undertaker must pay the surrender application charge that would otherwise have been payable by the permit holder under the charging scheme and regulation 31 of the 2016 Regulations is construed so that the undertaker may exercise the appeal rights associated with the application in place of the permit holder.

(8) In the case of a surrender application under paragraph (6) or a determination under paragraph 4(a) the requirement in paragraph 14(1)(b) of Part 1 of Schedule 5 to the 2016 Regulations is to be construed so that regard is also had to the use of the site subject to the application in connection with an authorised activity.

(9) Nothing in this article affects—

(a) the requirement under the 2016 Regulations for a regulated facility to be authorised by an environmental permit; or

(b) the right of a permit holder to make an application for a variation or surrender of an environmental permit under the 2016 regulations.

(10) In this article—

“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016[^f00147] and unless otherwise specified, expressions used in this article have the same meaning as in those Regulations;

“authorised activity” means any works or activities authorised by this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of functions conferred by this Order;

“charging scheme” means the Environment Agency (Environmental Permitting and Abstraction Licensing) (England) Charging Scheme 2022[^f00148], and includes any subsequent amendment to that scheme or any new scheme;

“environmental scheme” means a written scheme containing appropriate measures to ensure—the continued effective operation of the existing permit;the methods to be used to remove or separate existing waste from land subject to an existing permit or land on which an authorised activity is carried out;monitoring of land, air and water, equivalent to that required under existing permit and measures relating to surrender which arise as a result of an authorised activity;continued access arrangements, including in relation to monitoring, for the permit holder in connection with land retained by the permit holder which remains subject to the existing permit; andan equivalent level of environmental protection to that which would be provided by either the existing permit or permit conditions complying with Schedules 7, 9 and 10 of the Regulations; and

“existing permit” means any environmental permit in respect of a waste operation whether granted under the 2016 Regulations (or any predecessor or substituted regulations) before or after the coming into force of this Order granted by the Environment Agency on or over the Order limits, excluding any environmental permit obtained by the undertaker.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

PART 1 — AUTHORISED WORKS

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general), 16 (electric lines)[^f00149], 20 (gas transporter pipe-lines) and 22 (highways)[^f00150] of the 2008 Act, and associated development as defined in section 115(2) (development for which development consent may be granted)[^f00151] of the 2008 Act, comprising—

Work No. OH2 – as shown on sheets 4, 10, 11, 12 and 13 of the works plans and being the removal of overhead lines, between Thong Lane over the A2 (Work No. 1H) to the A226, for 2,800 metres in length.

Work No. OH3 – as shown on sheets 20, 23 and 24 of the works plans and being the overhead lines diversion works (PEA route), to include—

(a) the permanent diversion of the overhead line underground (Work No. MU28), between the new Tilbury operational access (Work No. 5F) and along the new Tilbury viaduct (Work No. 5C) (2,200 metres);

(b) the installation of new pylon PEA16R on the existing alignment;

(d) the dismantling of existing pylons PEA08, PEA09, PEA10, PEA11, PEA12, PEA13, PEA14, PEA15 and PEA16;

(e) earthing works on existing pylons PEA05, PEA06 and PEA17; and

(f) to facilitate the above: the installation of conductors, insulators and fittings between pylons PEA05, PEA06, PEA07, PEA17 (960 metres in length.

Work No. OH4 – as shown on sheets 20, 23, 24 and 27 of the works plans and being the overhead lines diversion works (ZJ Route), to include—

(a) the permanent diversion of the overhead line between existing pylon ZJ010 and proposed new pylons ZJ011A, ZJ011B, ZJ011C, ZJ012R (890 metres);

(b) the installation of a new pylon ZJ014R on the existing alignment;

(d) earthing works on existing pylons ZJ007 and ZJ019; and

(e) to facilitate the above: the installation of conductors, insulators and fittings between pylons ZJ008, ZJ009, ZJ013, ZJ015, ZJ016, ZJ017 and ZJ018 (3,580 metres).

Work No. OH5 – as shown on sheets 23, 24 and 27 of the works plans and being the overhead lines diversion works (PAB route), to include—

(a) the permanent diversion of the overhead line between existing pylons PAB12 and PAB17 and proposed new pylons PAB13R, PAB14R, PAB15R, PAB16R and PAB17R (1,455 metres);

(b) the dismantling of existing pylons PAB13, PAB14, PAB15 and PAB16;

(d) to facilitate the above: the installation of conductors, insulators and fittings between pylons PAB12, PAB17 and PAB18 (1,650 metres).

Work No. OH6 – as shown on sheets 24, 27, 28, 29, 33 and 34 of the works plans and being the overhead lines diversion works (YYJ route), to include—

(a) the permanent diversion of the overhead line between existing pylon YYJ116 and proposed new pylons YYJ119R, YYJ118R, YYJ117R and YYJ116R (1,185 metres);

(b) the dismantling of existing pylon YYJ116, YYJ117, YYJ118 and YYJ119;

(d) to facilitate the above: the installation of conductors, insulators and fittings between pylons YYJ124, YYJ123, YYJ122, YYJ121, YYJ120, YYJ115, YYJ114, YYJ113, YYJ112 and YYJ111 (4,750 metres).

Work No. OH7 – as shown on sheets 24, 27, 28, 29, 33, 35, 38 and 41 of the works plans and being the overhead lines diversion works (ZB route), to include—

(a) the permanent diversion of the overhead line between proposed new pylons ZB019R, ZB020R, ZB021R, ZB022R, ZB023A, ZB023B, ZB024R, ZB025R and ZB026R (2,470 metres);

(b) the installation of a new pylon ZB033R on the existing alignment;

(d) earthing works on existing pylons ZB039 and ZB013; and

(e) to facilitate the above: the installation of conductors, insulators and fittings between pylons ZB038, ZB037, ZB036, ZB035, ZB034, ZB032, ZB031, ZB030, ZB029, ZB028, ZB027, ZB018, ZB017, ZB016, ZB015 and ZB014 (8,360 metres).

Work No. OH8 – as shown on sheet 43 of the works plans and being the overhead lines diversion works (PB route), to include—

(a) the permanent diversion of the overhead line between pylons PB04 and PB07 and proposed new pylons PB05R and PB06R (1,000 metres);

(b) the dismantling of existing pylons PB06 and PB05;

(d) to facilitate the above: the installation of conductors, insulators and fittings between pylons PB03 and PB04 (285 metres).

Work No. G6b – as shown on sheet 32 of the works plans and being the installation of an isolation valve south of the improved A13 road (Work No. 7F).

Work No. G7 – as shown on sheets 33 and 35 of the works plans and being the installation of a high-pressure gas pipeline commencing at a point situated north of Green Lane, crossing the new A122 Lower Thames Crossing (Work No. 8A) and terminating south of the new drainage pond (Work No. 8F), for 338 metres in length.

Utilities works – Overhead Line diversion works

Work No. OH1 – as shown on sheets 6, 11 and 13 of the works plans and being the overhead lines diversion works (4YN Route), to include—

(a) the permanent diversion of the overhead line between proposed new pylons 4YN046A, 4YN046B and 4YN047R (495 metres);

(b) the installation of a new pylon 4YN049R on the existing alignment;

(d) earthing works on existing pylons 4YN041 and 4YN052; and

(e) to facilitate the above: the installation of conductors, insulators and fittings between pylons 4YN051, 4YN050, 4YN048, 4YN045, 4YN044, 4YN043 and 4YN042 (3,015 metres).

Utilities works – Temporary Overhead Line diversion works

Work No. OHT1 – as shown on sheets 6 and 11 of the works plans and being the temporary overhead lines diversion works (4YN Route), to include—

(a) a temporary overhead line diversion between existing pylon 4YN050 and existing pylon 4YN048 via temporary pylons 4YN049AT (to a maximum height of 64 metres) and 4YN049T (to a maximum height of 63 metres) (775 metres); and

(b) a temporary overhead line diversion between existing pylon 4YN048 to existing pylon 4YN045 via temporary pylons 4YN047T (to a maximum height of 55 metres) and 4YN046T (to a maximum height of 55 metres) (1,005 metres).

Utilities works – Gas pipeline works

Work No. G1a – as shown on sheets 3 and 4 of the works plans and being the installation of a medium-pressure gas pipeline commencing at a point situated north of Park Pale and terminating east of the new Thong Lane bridge over the A2 (Work No. 1H) and south of the Inn on the Lake, for 2,400 metres in length.

Work No. MU11 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new Thong Lane (Work No. 1H) including the installation of two new electrical substations (annotated as SS2 and SS3) in a 5x5m plot at the construction area Work No. CA2 location.

Work No. MU12 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new Thong Lane bridge (Work No. 1H).

Work No. MU13 – as shown on sheet 6 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor and the provision of two new substations (annotated as SS4 and SS5) in a 5x5m plot south of the new Cobham roundabout (Work No. 2U).

Work No. MU14 – as shown on sheet 6 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, south of the new Henhurst roundabout (Work No. 2E) and south of the new local road between Henhurst roundabout and the improved A2 mainline (Work No. 2X and 2Y) including the installation of a new electrical substation (annotated as SS6) in a 5x5m plot located south east of the new Henhurst roundabout.

Utilities works – Multi-utility diversion works

Work No. MU1 – as shown on sheet 3 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, including the installation of a new substation (annotated as SS1) in a 5x5m plot west of Harlex Haulage.

Work No. MUT15 – as shown on sheets 28 and 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA6 within a multi-corridor along Brentwood Road, for 886 metres in length.

Work No. MUT16 – as shown on sheets 28 and 29 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA8 within a multi-corridor crossing A1013 road, for 1,500 metres in length.

Work No. MUT17 – as shown on sheets 28, 29 and 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA7 within a multi-corridor crossing Hornsby Lane, for 486 metres in length.

Work No. MUT18 – as shown on sheets 28 and 29 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA7 within a multi-corridor between Hornsby Lane and Heath Road, for 873 metres in length.

Work No. MUT19 – as shown on sheet 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections within a multi-corridor between Orsett Cock gyratory and Rectory Road, for 914 metres in length.

Work No. MUT20 – as shown on sheets 29 and 33 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA8 within a multi-corridor western of A1089 road, for 1,736 metres in length.

Work No. MUT21 – as shown on sheet 33 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA9 and Work No. CA10 within a multi-corridor along Stifford Clays Road, for 1,662 metres in length.

Work No. MUT22 – as shown on sheets 33 and 35 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA11 within a multi-corridor along Fen Lane, for 1,860 metres in length.

Work No. MUT23 – as shown on sheets 30, 33 and 34 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA9 within a multi-corridor along Stifford Clays Road, for 785 metres in length.

Work No. MUT24 – as shown on sheets 33, 34, 35 and 36 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA9 within a multi-corridor along Medebridge Road, for 3,000 metres in length.

Work No. MUT25 – as shown on sheet 35 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA11 within a multi-corridor, for 931 metres in length.

Work No. MUT26 – as shown on sheets 38, 39 and 41 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA13 within a multi-corridor, for 1,655 metres in length.

Work No. MUT27 – as shown on sheets 38 and 39 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA13 within a multi-corridor, for 907 metres in length.

Work No. MUT28 – as shown on sheets 39, 42 and 43 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA13 and Work No. CA14 within a multi-corridor along North Road and Clay Tye Road, for 2,035 metres in length.

Work No. MUT29 – as shown on sheet 39 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA14 within a multi-corridor west of North Road, for 922 metres in length.

Work No. MUT30 – as shown on sheet 42 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the temporary diversion of Ockendon Road within a multi-corridor, for 292 metres in length.

Work No. MUT31 – as shown on sheets 42 and 43 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area CA15 within a multi-corridor along Ockendon Road, for 245 metres in length.

Work No. MUT32 – as shown on sheet 45 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area CA16 within a multi-corridor along Warley Road, for 700 metres in length.

Work No. E33 – as shown on sheet 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E34 – as shown on sheet 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E35 – as shown on sheet 35 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr7).

Work No. E36 – as shown on sheets 35, 37, 38 and 41 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr8) and new ecological ponds.

Work No. E37 – as shown on sheets 35 and 37 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E38 – as shown on sheet 36 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E39 – as shown on sheet 37 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E40 – as shown on sheet 38 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E41 – as shown on sheet 39 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E42 – as shown on sheet 41 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E43 – as shown on sheet 42 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E44 – as shown on sheet 42 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E45 – as shown on sheets 42 and 43 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr8).

Work No. E46 – as shown on sheet 43 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E47 – as shown on sheet 44 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E48 – as shown on sheet 44 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E49 – as shown on sheets 45 and 46 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting.

Work No. E50 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting, including the construction of new ecological ponds.

Work No. E51 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E52 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. MU53 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along Woolings Close.

Work No. MU54 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new improved A13 road (Work No. 7F).

Work No. MU55 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along Gammonfields Way (Work No. 7U) and connecting at Long Lane.

Work No. MU56 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, connecting the multi-utilities diversion Work No. MU55 and the north-east of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU57 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the existing A13 road.

Work No. MU58 – as shown on sheet 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU59 – as shown on sheet 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-east of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU60 – as shown on sheets 33 and 34 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility within a multi-utility corridor, located along the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU61 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the new viaduct to carry the new A122 Lower Thames Crossing over the river Mardyke (Work No. 8B).

Work No. MU62 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new bridge to carry FP136 (Work No. 8C).

Work No. MU63 – as shown on sheets 38 and 41 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the new bridge to carry FP136 (Work No. 8C).

Work No. MU64 – as shown on sheets 38 and 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of the new A122 Lower Thames Crossing (Work No. 8A).

Work No. MU65 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the new A122 Lower Thames Crossing (Work No. 8A).

Work No. MU66 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU67 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU68 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU69 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU70 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north-west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU71 – as shown on sheets 39 and 40 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north and under the new A122 Lower Thames Crossing (Work No. 9A).

Work No. MU72 – as shown on sheets 42, 43 and 44 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located between the south of Ockendon Road and St Mary’s Lane.

Work No. MU73 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of Ockendon Road and under the new A122 Lower Thames Crossing (Work No. 9A).

Work No. MU74 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located east of the M25.

Work No. MU75 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located west of the M25.

Work No. MU76 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the Ockendon Road.

Work No. MU77 – as shown on sheets 42 and 43 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of Ockendon Road.

Work No. MU78 – as shown on sheet 43 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new public right of way over the new A122 Lower Thames Crossing (Work No. 9O).

Work No. MU79 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of St Mary’s Lane.

Work No. MU80 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the existing St Mary’s Lane.

Work No. MU81 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the east of the M25 (Work No. 9E) between the existing St Mary’s Lane and Latchford Farm.

Work No. MU82 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 (Work No. 9E) and south of St Mary’s Lane.

Work No. MU83 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 (Work No. 9E) and north of St Mary’s Lane.

Work No. MU84 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of Shoebury Railway line.

Work No. MU85 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new public right of way under the new A122 (Work No. 9P).

Work No. MU86 – as shown on sheets 44 and 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of Shoebury Railway line.

Work No. MU87 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor and the installation of poles and pole mounted transformers, located under and along the western side of the M25 (Work No. 9E).

Work No. MU88 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 junction 29 along the improved A127 (Work No. 9J).

Work No. MU89 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located under the M25 junction 29 (Work No. 9G) and north of the improved A127 highway (Work No. 9J).

Work No. MU90 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located around the new public right of way over the improved section of the A127 highway (Work No. 9Z).

Work No. MU91 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located around the new public right of way over the improved section of the A127 highway (Work No. 9Y).

Work No. MU92 – as shown on sheet 46 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor and the installation of a pole and pole mounted transformer, located under and along the improved section of the M25 (Work No. 9E).

Utilities works – Temporary multi-utility diversion works

Work No. MUT1 – as shown on sheet 4 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA2 within a multi-utility corridor located over the existing Thong Lane bridge, for 606 metres in length.

Environmental works

Work No. E1 – as shown on sheets 1 and 2 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Temporary environmental works

Work No. ET1 – as shown on sheets 14 and 15 of the works plans and being the temporary implementation of environmental works to create a compensatory habitat site.

Open space and common land

Work No. OSC1 – as shown on sheet 3 of the works plans and being the implementation of replacement open space for Shorne Woods country park.

Flood compensation areas

Work No. FCA1 – as shown on sheet 23 of the works plans and being the construction of a new flood compensation area.

Construction areas – Main works compounds

Work No. CA1 – as shown on sheet 6 of the works plans, the establishment of a construction compound for main works, located north of Gravesend East junction, of 2,980 square metres.

Construction areas – Utility logistics hubs

Work No. ULH01 – as shown on sheets 46 and 47 of the works plans, the establishment of a utility logistics hub, located east of Folkes Lane woodland, of 13,200 square metres.

Ancillary works

For the purposes of or in connection with the construction of any of the works and other development in the Order limits, ancillary or related works and other development which is not likely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement consisting of—

(a) alteration of the layout of any street permanently or temporarily, including increasing or reducing the width of the carriageway of any street by increasing or reducing the width of any kerb, footway, cycle track or verge within the street; and altering the level of any such kerb, footway, cycle track, or verge within the street;

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

(d) ramps, means of access (including private means of access), footpaths, footways, cycle tracks, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic, restricted byways, laybys and crossing facilities;

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

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

(g) works to place, alter, divert, relocate, remove, protect, or maintain street furniture, apparatus, services, plant and other equipment in a street, or in, under or above, other land, including mains, sewers, drains, pipes, hydrants, cables, ducts, masts, poles, associated cabinets or substations, lights, and cofferdams;

(h) works to alter the course of, or otherwise interfere with a watercourse (excluding the river Thames);

(i) landscaping, re-grading, re-profiling, contouring, noise barriers, works associated with the provision of ecological mitigation, and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(j) settlement monitoring and mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

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

(l) the implementation of works to affect the processing, deposition or use of excavated material;

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

(n) the relocation or provision of new road traffic signs, new gantries, new signage, new variable message signs, signals, emergency telephones, closed circuit television (CCTV), traffic detection equipment, weather monitoring equipment, road restraints and carriageway lane markings;

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

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

PART 2 — WORKS TO SCHEDULED MONUMENTS

Scheduled Monument	Archaeological works	Works Nos.
Coalhouse Fort battery and artillery defences (Historic England List Entry Number 1013943)	N/A	Works Nos. 5X and E15
Crop mark complex, Orsett (Historic England List Entry Number 1002134)	Full archaeological excavation, including post excavation analysis, archive deposition and publication in connection with the Scheduled Monument referred to in column 1.	Works Nos. 7L, 7K; MU13, MU56, MU58; OH6 and OH7

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

(1) In this Schedule—

“advanced compound areas” means the areas shown as advanced compound areas in plate 3.1 of the Code of Construction Practice;

“AMS-OWSI” means the draft Archaeological Mitigation Strategy and Outline Written Scheme of Investigation (Appendix 6.9 of the environmental statement, application document TR010032/APP/6.3)

“Code of Construction Practice” means the Code of Construction Practice including the Register of Environmental Actions and Commitments listed in Schedule 16 (documents to be certified) and certified as the code of construction practice by the Secretary of State and which is the first iteration of an environmental management plan;

“commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development other than preliminary works and “commencement” is to be construed accordingly; “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990[^f00152];

“the design principles document” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

“EMP (Second Iteration)” means the second iteration of an environmental management plan to be submitted and approved under paragraph 4(2) of this Schedule;

“EMP (Third Iteration)” means the third iteration of an environmental management plan which is a handover environmental management plan;

“LEMP” means a landscape and ecological management plan submitted and approved under paragraph 5(1) of this Schedule;

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

“Mitigation Route Map” means a document providing an index to, description of, and access to plans and documents prepared pursuant to paragraphs 4, 5, 9. 10, 11 and 16 of this Schedule;

“outline traffic management plan for construction” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

“preliminary works” means operations consisting of—archaeological investigations and pre-construction ecological mitigation (including in connection with those investigations or mitigation vegetation clearance);environmental surveys and monitoring;investigations for the purpose of assessing and monitoring ground conditions and levels;erection of any temporary means of enclosure;receipt and erection of construction plant and equipment for advanced compound areas;diversion and laying of underground apparatus (except Works Nos. G1a to G10, Work No. TFGP1, Works Nos. MU1 to MU92 and Works Nos. MUT1 to MUT32) for advanced compound areas;accesses for advanced compound areas (and vegetation clearance in connection with those accesses); andthe temporary display of site notices or information;

“preliminary works EMP” means Annex C of the Code of Construction Practice and includes the preliminary works REAC;

“preliminary works REAC” means those measures in the REAC applying to the preliminary works as shown in Table 2.1 of Annex C of the Code of Construction Practice; and

“REAC” means the register of environmental actions and commitments contained in the Code of Construction Practice.

(2) References in this Schedule to part of the authorised development are to be construed as references to stages, phases or elements of the authorised development in respect of which an application is made by the undertaker under this Schedule, and references to commencement of part of the authorised development in this Schedule are to be construed accordingly.

(3) References to details or schemes approved under this Schedule are to be construed as references to details or schemes approved in relation to a specified part of the authorised development, as the case may be.

Time limits

2

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

Detailed design

3

(1) The authorised development must be designed in detail and carried out in accordance with—

(a) the design principles document;

(b) the preliminary scheme design shown on the engineering drawings and sections; and

unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and, in respect of the authorised development comprising highways other than a special road or trunk road, the relevant local highway authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to those documents showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) The undertaker in relation to the detailed design of the authorised development must have regard to the amended duty to further the purpose of conserving and enhancing areas of outstanding natural beauty in section 85 (general duty of public bodies etc.)[^f00153] of the Countryside and Rights of Way Act 2000.

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

(4) In this paragraph, “general arrangement drawings” means the general arrangement document listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Construction and handover environmental management plans

4

(1) The preliminary works must be carried out in accordance with the preliminary works EMP.

(2) No part of the authorised development is to commence until an EMP (Second Iteration), substantially in accordance with the Code of Construction Practice, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authorities, relevant local highway authorities and bodies identified in Table 2.1 of the Code of Construction Practice to the extent that it relates to matters relevant to their respective functions.

(3) The EMP (Second Iteration) must be written in accordance with ISO14001, reflect the mitigation measures set out in the REAC and must include measures or plans for the management of—

(a) site waste (substantially in accordance with the outline site waste management plan);

(b) handling of materials (substantially in accordance with the outline materials handling plan);

(d) air quality;

(e) ecology;

(f) soils;

(g) contaminated land;

(h) substances hazardous to health; and

(i) pollution prevention controls.

(4) The construction of the relevant part of authorised development must be carried out in accordance with the EMP (Second Iteration) approved for that part.

(5) An EMP (Third Iteration) must be developed and completed by the end of the construction, commissioning and handover stage of any part of the authorised development, in accordance with the process set out in the Code of Construction Practice.

(6) The EMP (Third Iteration) must address the matters set out in the EMP (Second Iteration) that are relevant to the operation and maintenance of the authorised development and must, except where contained in a LEMP approved under paragraph 5 of this Schedule, contain—

(a) the environmental information needed for the future maintenance and operation of the authorised development;

(b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

(7) The authorised development must be operated and maintained in accordance with an EMP (Third Iteration).

(8) Any preliminary works EMP, EMP (Second Iteration) or EMP (Third Iteration) must be accompanied by a Mitigation Route Map which must index and describe the purpose and main components of each measure or plan within it in an accessible form and relate these to the purpose and main components of the following requirements under this Part of this Schedule—

(a) any LEMP prepared under paragraph 5 (landscape and ecology);

(b) any draft AMS-OWSI prepared under paragraph 9 (historic environment);

(d) any construction travel plan prepared under paragraph 11 (construction travel plans);

(e) any operational traffic impact monitoring scheme prepared under paragraph 14 (traffic monitoring); and

(f) any Carbon and energy management plan prepared under paragraph 16 (carbon and energy management plan).

(9) In this paragraph—

“outline materials handling plan” means the outline materials handling plan appended to the Code of Construction Practice; and

“outline site waste management plan” means the outline site waste management plan appended to the Code of Construction Practice.

Landscaping and ecology

5

(1) Each part of the authorised development must be landscaped in accordance with a LEMP which sets out details of all proposed hard and soft landscaping works for that part and which has been submitted to and approved in writing by the Secretary of State prior to the opening of that part, following consultation by the undertaker with the bodies listed in Table 2.1 of the outline LEMP on matters related to their respective functions.

(2) A LEMP prepared under sub-paragraph (1) must be substantially in accordance with the outline LEMP and must—

(a) reflect the design principles document and the mitigation measures set out in the REAC;

(b) be based on the environmental masterplan annexed to the environmental statement; and

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

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

(iii) existing trees and vegetation to be retained, with measures for their protection during the construction period;

(iv) proposed finished ground levels;

(v) implementation timetables for landscaping works;

(vi) commitments to aftercare, monitoring and maintenance activities relating to the landscaping and ecological features; and

(vii) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the LEMP that, within a period of 5 years or such period as may be specified in the LEMP after the completion of the part of the authorised development to which the relevant LEMP relates, dies, becomes seriously diseased or is seriously damaged in the construction of the authorised development.

(3) The undertaker must carry out, and maintain, each relevant part of the authorised development in accordance with the LEMP approved for that part under paragraph (1).

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

Contaminated land and groundwater

6

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

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

(3) Remediation must be carried out in accordance with the scheme approved under sub-paragraph (2).

Protected species

7

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

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

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

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

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

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

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

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England and the relevant planning authority on matters related to their functions, and under any necessary licences.

(5) In this paragraph—

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017[^f00154]; and

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981[^f00155].

Surface and foul water drainage

8

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

(2) The surface and foul water drainage system must be constructed in accordance with the details approved under paragraph (1), unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the Environment Agency, the lead local flood authority, the relevant planning authority, the relevant local highway authority on matters related to their respective functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Historic environment

9

(1) No part of the authorised development is to commence until for that part a site-specific written scheme for the investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the AMS-OWSI, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

(3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and notified to the relevant planning authority as soon as reasonably practicable from the date they are identified.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notification served under sub-paragraph (4).

(6) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted in writing to and approved in writing by, the relevant planning authority, such approval not be unreasonably withheld or delayed.

(7) No part of any building listed under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is to be demolished until—

(a) that part of the authorised development which requires the demolition of the building has commenced; and

(b) a historic building record relating to that building has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

(8) In this paragraph, “a historic building record” means a Level 4 record as described in the Historic England publication ‘Understanding Historic Buildings: A Guide to Good recording Practice” (2016)[^f00156] or a successor document.

Traffic management

10

(1) The preliminary works must be carried out in accordance with section 6 of the outline traffic management plan for construction.

(2) No part of the authorised development is to commence until a traffic management plan for the construction of that part which is substantially in accordance with the outline traffic management plan for construction has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the outline traffic management plan for construction on matters related to their functions.

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